Chapter 1
[Reserved]

13-1-101 — 13-1-108. [Reserved.]

13-2-101. Federal aid for public works — Application by state, county or municipality.

The state of Tennessee, any department or division thereof, or any county or incorporated municipality in this state with a population of more than five hundred (500) by the last federal census, is authorized to make application for funds under the provisions of any act of congress heretofore or hereafter enacted making grants, loans or advances to the states, or any department or division thereof, or any county or municipality, for the purpose of aiding in the financing of public works. Municipalities with a population of less than five hundred (500) by the preceding federal census may make application through the appropriate agency of the county in which they are located.

Acts 1945, ch. 75, § 1; C. Supp. 1950, § 3291.27; modified; T.C.A. (orig. ed.), § 13-110; T.C.A. § 13-2-201.

Code Commission Notes.

This section was renumbered from § 13-2-201 to § 13-2-101 by authority of the Code Commission in 2019.

Compiler's Notes. For tables of population of Tennessee municipalities, and for U.S. decennial populations of Tennessee counties, see Volume 13 and its supplement.

Chapter 2
Interstate and Federal Agreements

Chapter 3
Regional Planning

Part 1
Regional Planning Commission

13-3-101. Planning regions — Creation of commissions — Members — Training and continuing education.

  1. The department of economic and community development may create and establish planning regions and define the boundaries respectively of such planning regions. Any such planning region may, in accordance with the boundary definition made by the department, be composed of the territory of a single county or of two (2) or more contiguous whole counties or of a part of a county or of contiguous parts of two (2) or more counties or of one (1) or more counties, together with a part or parts of another county or other counties or any other territory as designated and defined by the department whether the boundaries thereof conform to any existing boundary or boundaries of a county or counties of other political subdivision or subdivisions or do not so conform.
  2. The department may create and establish a regional planning commission of any planning region created and defined under this section, with members selected in accordance with subsections (c)-(h); however, if the planning region consists of a single county, the members of the regional planning commission are to be selected according to provisions of subsection (i).
    1. The number of members of any such commission shall be determined by the commissioner, but shall not be less than five (5) nor more than fifteen (15).
    2. The commissioner may designate, as members of a regional planning commission, persons who are members of county legislative bodies or of boards of aldermen or commissioners or other municipal legislative bodies; provided, that the members of the regional planning commission, so designated from county and municipal legislative bodies shall be less in number than a majority of the commission, and that not less than a majority of the members of the commission shall hold no salaried public office or position whatever, excepting offices or faculty memberships of a university or other educational institution.
    3. Each person shall be nominated in writing by the chief elected officer of any county having a metropolitan form of government, the county mayor of any other county, or the chief elected officer of any municipality lying inside of the boundary of the planning region before being designated by the commissioner.
    4. All nominations must be received by the department within thirty (30) days after the creation of a new regional planning commission or within thirty (30) days after a position is vacated on an existing commission. Notwithstanding any other provision of law to the contrary, a member of any commission is authorized to continue to serve until the member's successor has been nominated and approved as stated herein.
    5. In making such appointments, the commissioner shall strive to ensure that the racial composition of each regional planning commission is at least proportionately reflective of the region's racial minority population.
    1. Except as provided in subdivision (d)(2), the county or municipal legislative body of a local government participating in a regional planning region may establish the compensation for each member nominated by the respective unit of local government. All reimbursement for travel expenses shall be in accordance with the comprehensive travel regulations as promulgated by the department of finance and administration and approved by the attorney general and reporter.
    2. If members of such commission also serve as the zoning board for any county which has adopted zoning, such members may be compensated in an amount to be fixed by the county legislative body of such county and may be allowed necessary traveling and other expenses while engaged in the work of or for the commission or the zoning board.
    1. The term of any member designated from a county or municipal legislative body shall be coterminous with such member's then term as a member of such county or municipal body.
    2. The terms of appointed members, as distinguished from members designated from a county or municipal legislative body, shall be four (4) years, except that the terms of three (3) of the members first appointed to any regional commission shall be one (1), two (2) and three (3) years respectively.
  3. The commissioner may remove a member of such a commission for cause specified in writing served on the member and after hearing, of which such member shall be given not less than fifteen (15) days' written notice.
  4. Any vacancy in the membership of such a commission shall be filled by the commissioner for the unexpired term, except that if such vacancy is filled by designation from a county or municipal legislative body, the term of the member so designated shall be coterminous with such member's then term as member of such body.
  5. Authority granted under this section to the commissioner or to the department shall be exercised with the approval of the local government planning advisory committee.
    1. In the event the boundaries of an existing planning region, as determined by the department of economic and community development, conform to the existing boundaries of a single county, the members of the regional planning commission for that region shall be appointed by the county mayor, subject to confirmation by the county legislative body.
    2. The number of members of any such commission shall be determined by the county legislative body, but shall not be less than five (5) nor more than fifteen (15).
    3. The composition of such regional planning commission, the compensation of its members and the terms of service are subject to the same restrictions as stated in subdivision (c)(2) and subsections (d) and (e).
    4. Any vacancy in the membership of such regional planning commission shall be filled through appointment by the county mayor, subject to confirmation by the county legislative body.
    5. The county legislative body may remove a member of such a commission for cause specified in writing served on the member and after hearing, of which such member shall be given not less than fifteen (15) days' written notice.
    6. A member of any such regional planning commission who is serving on the date this provision becomes effective may continue to serve for the term to which that person was appointed.
    7. In the event that a county and a municipality or municipalities lying within such county, pursuant to local agreement, statute, or otherwise, participate jointly in a planning region, then members of the planning commission for such a region shall be selected and governed according to subsections (c)-(h).
    1. Each planning commissioner shall, within one (1) year of initial appointment and each calendar year thereafter, attend a minimum of four (4) hours of training and continuing education in one (1) or more of the subjects listed in subdivision (j)(5). At least one (1) hour of the annual education requirement shall concentrate on the rights of private property owners and the relationship of those rights to the public planning process.
    2. Each full-time or contract professional planner or other administrative official whose duties include advising the planning commission shall, each calendar year, attend a minimum of eight (8) hours of training and continuing education in one (1) or more of the subjects listed in subdivision (j)(5). A professional planner who is a member of the American Institute of Certified Planners (AICP) shall be exempt from this requirement.
    3. Each of the individuals listed in subdivisions (j)(1) and (2) shall certify by December 31 of each calendar year such individual's attendance by a written statement filed with the secretary of such individual's respective planning commission. Each statement shall identify the date of each program attended, its subject matter, location, sponsors, and the time spent in each program. A professional planner who is a member of the AICP shall  be exempt from this requirement.
    4. The legislative body of a county in a single county regional planning commission, or the legislative bodies of the counties in a multiple county planning commission, or the legislative bodies of the county and the municipality in a joint municipal and county planning commission shall be responsible for paying the training and continuing education course registration and travel expenses for each planning commissioner and full-time professional planner or other administrative official whose duties include advising the planning commission.
    5. The subjects for the training and continuing education required by subdivisions (j)(1) and (2) shall include, but not be limited to, the following: land use planning; zoning; flood plain management; transportation; community facilities; ethics; public utilities; wireless telecommunications facilities; parliamentary procedure; public hearing procedure; land use law; natural resources and agricultural land conservation; economic development; housing; public buildings; land subdivision; and powers and duties of the planning commission. Other topics reasonably related to the duties of planning commission members or professional planners or other administrative officials whose duties include advising the planning commission may be approved by majority vote of the planning commission prior to December 31 of the year for which credit is sought.
    6. Each local planning commission shall keep its official public record originals of all statements and the written documentation of attendance required to comply with these provisions for three (3) years after the calendar year in which each statement and appurtenant written documentation is filed.
    7. Each planning commissioner and each professional planner or other administrative official whose duties include advising the planning commission shall be responsible for obtaining written documentation signed by a representative of the sponsor of any training and continuing education course for which credit is claimed, acknowledging the fact that the individual attended the program for which credit is claimed. A member of the AICP shall be exempt from this requirement.
    8. If a planning commissioner fails to complete the requisite number of hours of training and continuing education within the time allotted by this subsection (j) or fails to file the statement required by this subsection (j), then this shall constitute a cause for the removal of the planning commission member from the planning commission.
    9. The legislative body of a county in a single county regional planning commission, the legislative bodies of the counties in a multiple county planning commission or the legislative bodies of the county and the municipality in a joint municipal and county planning commission may, at any time, opt out of this subsection (j) by passage of a resolution or ordinance, as appropriate; provided, that for a multiple county planning commission or joint municipal/county planning commission, all governmental entities included in such multiple or joint planning commission must pass the resolution or ordinance in order to opt out of this provision. Further, any such legislative bodies that have opted out may, at a later date, opt in by passage of a resolution or ordinance in the same manner required to opt out.

Acts 1935, ch. 43, § 9; mod. C. Supp. 1950, § 3291.15 (Williams, § 552.15); Acts 1972, ch. 542, § 13; 1976, ch. 806, § 1(137); impl. am. Acts 1978, ch. 934, §§ 7, 16, 36; T.C.A. (orig. ed.), § 13-201; Acts 1982, ch. 619, § 1; 1983, ch. 442, §§ 7, 8; 1993, ch. 135, § 1; 1993, ch. 394, §§ 1, 2; 1995, ch. 98, §§ 1, 2; 1995, ch. 501, § 10; 1996, ch. 977, § 1; 1999, ch. 93, § 1; 2002, ch. 862, § 2; 2003, ch. 90, § 2; 2009, ch. 47, §§ 1-3; 2013, ch. 456, § 4.

Compiler's Notes. Acts 2002, ch. 862, § 1 provided that the act shall be known and may be cited as the “Planning Commission and Board of Zoning Appeals Training and Continuing Education Act of 2002.”

Acts 2003, ch. 90, § 2, directed the code commission to change all references from “county executive” to “county mayor” and to include all such changes in supplements and replacement volumes for the Tennessee Code Annotated.

Cross-References. Local government planning advisory committee, § 4-3-727.

Local regulation of junkyards, § 54-20-122.

Open space, agricultural and forest land preservation, commission duties, §§ 11-15-107, 11-15-108, 67-5-1007.

“Regional planning commission” defined, § 13-3-401.

Utility location, title 13, ch. 24, part 3.

Zoning regulations in metropolitan governments, § 7-3-304.

Law Reviews.

Revitalizing Urban Cities: Linking the Past to the Present, 46 U. Mem. L. Rev. 973 (2016).

Saving Our Cities: Land Banking in Tennessee, 46 U. Mem. L. Rev. 927 (2016).

Attorney General Opinions. Confirmation of nominees by county legislative body not required, OAG 94-143, 1994 Tenn. AG LEXIS 169 (12/13/94).

Review of zoning plans and amendments by regional planning commission of each affected region, OAG 99-150, 1999 Tenn. AG LEXIS 158 (8/16/99).

Right of municipality to separate planning region designation; right of municipality to provide zoning and subdivision regulations outside corporate limits but within urban growth boundaries, OAG 99-227, 1999 Tenn. AG LEXIS 229 (12/6/99).

City manager is not authorized to hire, supervise, and discipline individuals designated as staff of the city planning commission, OAG 05-057, 2005 Tenn. AG LEXIS 57 (4/20/05).

Members of the Blount County regional planning commission, OAG 05-1919, 2005 Tenn. AG LEXIS 121 (7/27/05).

NOTES TO DECISIONS

1. In General.

The legislature, by the provisions of chapters 1-3 of this title, has provided for a general scheme or plan for the creation and operation of regional planning commissions and, as such, is applicable to all counties and municipalities alike who elect to come within its terms. Alcoa v. Blount County, 658 S.W.2d 116, 1983 Tenn. App. LEXIS 608 (Tenn. Ct. App. 1983).

The procedural steps which the general assembly has put in place in the form of enabling statutes governing the enactment of zoning ordinances usually are regarded as mandatory, and a failure substantially to comply with such requirements renders the zoning ordinance invalid. Hutcherson v. Criner, 11 S.W.3d 126, 1999 Tenn. App. LEXIS 461 (Tenn. Ct. App. 1999), rehearing denied, — S.W.3d —, 1999 Tenn. App. LEXIS 542 (Tenn. Ct. App. Aug. 10, 1999).

2. Streets and Roads.

The common thread running through the legislative scheme of this chapter is protection of the public, guaranteeing that adequate streets will be provided when property is subdivided. Foley v. Hamilton, 659 S.W.2d 356, 1983 Tenn. LEXIS 730 (Tenn. 1983).

This chapter imposes a duty upon developers of recorded subdivisions in regional planning zones to obtain acceptance of the roads by the county highway department. Foley v. Hamilton, 659 S.W.2d 356, 1983 Tenn. LEXIS 730 (Tenn. 1983).

3. Private Acts.

This chapter sets up a uniform state policy, and a private act purporting to create a county planning commission with all authority and duties of regional planning commissions established pursuant to this chapter unconstitutionally offended this general law. Alcoa v. Blount County, 658 S.W.2d 116, 1983 Tenn. App. LEXIS 608 (Tenn. Ct. App. 1983).

13-3-102. Municipal commission designated as regional planning commission.

In the event that, acting under the power granted to it in parts 1-3 of this chapter, the department of economic and community development creates and establishes any planning region composed of the territory of a single municipality, together with territory adjoining but outside of such municipality, no part of which is outside the municipality's urban growth boundary, or, if no such boundary exists, more than five (5) miles beyond the limits of such municipality, and in the further event that such municipality has a municipal planning commission, then in such event the department, in lieu of creating, designating and appointing a new regional planning commission for such region, may designate the municipal commission as the regional planning commission of such region, and when so designated, the commission, when acting as a regional commission for such region, shall have all the powers and be governed by the provisions set forth in parts 1-3 of this chapter, or in any other statutory provision relating to regional planning commissions; provided, that the department shall not have power of appointment or removal of any member of such municipal planning commission serving regional areas. At least one (1) member of a municipal planning commission composed of five (5) members, and two (2) members of a municipal planning commission composed of more than five (5) members but less than eleven (11) members, who are appointed to the municipal planning commission designated as a regional planning commission, shall reside within the regional area outside of the municipal boundaries served by the regional planning commission; provided, that, if the regional area outside of the municipal boundaries is less than fifty percent (50%) of the entire regional area, then only one (1) member of the municipal planning commission shall be appointed from the regional area outside the municipal boundaries regardless of the number of members on the municipal planning commission, or, in the alternative, the municipal planning commission may be increased in size by the number of members who are appointed from the regional area outside the municipal boundaries. The acceptance of any such designation shall not, however, be obligatory upon but shall be subject to the consent of the designated municipal planning commission. Authority granted under this section to the department shall be exercised with the approval of the local government planning advisory committee.

Acts 1935, ch. 43, § 9; mod. C. Supp. 1950, § 3291.15 (Williams, § 552.15); Acts 1972, ch. 542, § 14; T.C.A. (orig. ed.), § 13-202; Acts 1998, ch. 1101, § 25; 2007, ch. 253, § 1; 2009, ch. 600, § 1.

Attorney General Opinions. Planning regulations applicable to municipality within planning commission region, OAG 94-89, 1994 Tenn. AG LEXIS 90 (8/26/94).

Extraterritorial zoning by cities under county growth plan, OAG 99-218, 1999 Tenn. AG LEXIS 180 (11/4/99).

1998 Tenn. Pub. Acts Ch. 1101 does not require the local government planning advisory committee to automatically expand the planning region of a municipal planning commission to encompass the entire area of that city's urban growth boundary; however, if the committee determines that such an expansion, as a policy matter, is appropriate in all cases, the committee may approve it, subject to the requirements in T.C.A. § 13-3-102, including the city's acceptance of the expansion, OAG 01-092, 2001 Tenn. AG LEXIS 83 (6/4/01).

Regional planning commission's authority in urban growth areas. OAG 13-31, 2013 Tenn. AG LEXIS 32 (4/18/13).

13-3-103. Organization of regional planning commissions — Planning director — Expenses — Rules and records.

Each regional planning commission shall elect its chair from among its appointed members. The term of the chair shall be one (1) year with eligibility for reelection. Each regional planning commission shall adopt rules for the transaction of business which shall include, but not be limited to, the selection of additional officers from among its members it deems appropriate to fulfill the organizational needs of the regional planning commission, the requirements for the regional planning commission to make findings of fact, statements of material evidence and reasons for its actions as part of each motion or action of the regional planning commission and the keeping of a record of its resolutions, transactions, motions, actions, and determinations which shall be a public record. Any provision relating to the appointment of a planning director contained in any metropolitan or county charter or private act or interlocal agreement must be used in appointing a planning director. In the absence of such a provision, the county mayor, county executive or metropolitan mayor or executive shall, in accordance with § 5-6-106(c), have the authority to appoint a planning director, who shall be qualified by membership in the American Institute of Certified Planners, experienced in city, regional or state planning or educated in a related academic field. Any person serving as a planning director on March 31, 2010, shall not be required to meet the aforementioned qualifications. The planning director shall have the power and authority to hire and fix the compensation, within the funds appropriated by the legislative body for this purpose, of such other employees and staff as the director may deem necessary for the work of the planning commission. The regional planning commission may also contract with planners or other experts for such services as it may require within the funds appropriated by the legislative body for this purpose. The trustee or other appropriate financial official of the county or metropolitan government, within the funds appropriated by the legislative body for this purpose, will disperse funds for the salary or salaries of the planning director and staff and the operational expenses of the planning office and the contracted services of planners or other experts retained to provide assistance to and studies, plans, reviews and reports for the regional planning commission. A regional planning commission serving a single county may also receive and expend funds from grants, gifts, contracts, fees, and appropriations from federal, state, other local governments or private sources for the purpose of carrying on its planning functions, subject to appropriation of the county legislative body. A multi-jurisdictional regional planning commission may receive and expend funds from grants, gifts, contracts, fees, and appropriations from federal, state, other local governments or private sources for the purpose of carrying on its planning functions in accordance with the interlocal agreement which created the commission.

Acts 1935, ch. 43, § 10; C. Supp. 1950, § 3291.16 (Williams, § 552.16); impl. am. Acts 1972, ch. 542, § 15; impl. am. Acts 1978, ch. 934, §§ 7, 16, 36; T.C.A. (orig. ed.), § 13-203; Acts 2010, ch. 701, § 2.

Compiler's Notes. This section may be affected by § 9-1-116, concerning entitlement to funds absent appropriation.

Attorney General Opinions. Compensation of employees of commission, OAG 94-143, 1994 Tenn. AG LEXIS 169 (12/13/94).

A regional planning commission may seek funding from the department of economic and community development; may seek grants; or may be funded under an agreement among the local governments within the region, OAG 05-057, 2005 Tenn. AG LEXIS 57 (4/20/05).

Appointment of planning director. OAG 11-15, 2011 Tenn. AG LEXIS 17 (2/9/11).

13-3-104. Powers and functions of commission.

  1. It is the further duty of a regional planning commission to promote the mutual cooperation of the planning commissions of municipalities within the region, and the coordination of the plans of such municipalities with the plan of the region, and generally to confer with and advise municipal and county mayors and legislative bodies and officials for the purpose of promoting a coordinated and adjusted development of the region. Any such commission may also advise county and municipal legislative bodies with respect to the formulation of public improvement programs and the financing of such programs. It may also cooperate with the planning, legislative or executive authorities of neighboring states, regions, counties or municipalities for the purpose of promoting coordination between the development of the region and adjoining or neighboring territory.
  2. All municipal, county and other local public officials shall, upon request, furnish to the commission, within a reasonable time, such available information as it may require for its work.
  3. The commission, its members and employees, in the performance of its functions, may enter upon any land and make examinations and surveys and place and maintain necessary monuments and marks on such land.
  4. In general, the commission has such powers as may be necessary for it to perform its functions and to promote regional planning.

Acts 1935, ch. 43, § 15; C. Supp. 1950, § 3291.21 (Williams, § 552.21); impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 13-208; Acts 2003, ch. 90, § 2.

Compiler's Notes. Acts 2003, ch. 90, § 2, directed the code commission to change all references from “county executive” to “county mayor” and to include all such changes in supplements and replacement volumes for the Tennessee Code Annotated.

Cross-References. Plats, acting upon after submission, § 13-3-404.

Platting authority, § 13-3-402.

13-3-105. Public works in planning regions — Approval by department of economic and community development.

From and after the time of the creation and defining by the department of economic and community development of a planning region, and the appointment by the department of a regional planning commission of such region, thenceforth the department of transportation or any other state department shall not agree to supply or appropriate money for the construction of any road, bridge, or other public structure within the region, nor shall any state department construct or contribute to the construction of any street, road or other public structure within any municipality in the region, nor shall any county lying wholly or partly within the region participate in the expenditure of the funds of any state department or be aided in the construction of any road, bridge, or other public structure within the region, nor shall state liability be incurred incident to the acquisition of rights-of-way or other property for any highway or other public improvement within the region, nor any other state aid be given for any road, bridge, building or other public structure within the region, until and unless such supply, appropriation, construction, contribution, participation, liability or aid has been submitted to the department of economic and community development and until the department has given and reported its judgment, opinion and recommendations thereon to the court, board, official or department having charge of such acquisition, supply, appropriation, contribution, participation, liability, aid, construction, or authorization; provided, that in the event that the department fails to make such report within thirty (30) days from and after the date of the submission to it, this requirement shall be deemed to have been waived; and in passing upon the question of its approval, the department may take into account the quality of the work of the regional planning commission; the object of this requirement being to promote the application of planning methods and principles in the location, character and extent of public works financed with the help of state aid.

Acts 1935, ch. 43, § 16; C. Supp. 1950, § 3291.22 (Williams, § 552.22); impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1972, ch. 542, § 15; impl. am. Acts 1972, ch. 829, § 7; T.C.A. (orig. ed.), § 13-209.

Part 2
Community Planning Commission

13-3-201. Community planning commissions — Planning regions and commissions for unincorporated communities — Training and continuing education.

  1. The department of economic and community development is authorized, in accordance with part 1 of this chapter, to create planning regions for unincorporated communities, to define the boundaries of such regions, and to create and establish regional planning commissions for such unincorporated communities in the state. Any region so defined shall not exceed ten square miles (10 sq. mi.) in area, nor shall the region contain less than five hundred (500) inhabitants. Such regional planning commissions shall be known as “community planning commissions.” Before such a community planning commission shall be granted the powers and duties as set forth in § 13-3-202, the department shall have received a petition signed by at least one hundred (100) householders or freeholders of such a community requesting that such a community commission be created.
    1. Each planning commissioner shall, within one (1) year of initial appointment and each calendar year thereafter, attend a minimum of four (4) hours of training and continuing education in one (1) or more of the subjects listed in subdivision (b)(5).
    2. Each full-time or contract professional planner or other administrative official whose duties include advising the planning commission shall, each calendar year, attend a minimum of eight (8) hours of training and continuing education in one (1) or more of the subjects listed in subdivision (b)(5). A professional planner who is a member of the American Institute of Certified Planners (AICP) shall be exempt from this requirement.
    3. Each of the individuals listed in subdivisions (b)(1) and (2) shall certify by December 31 of each calendar year such individual's attendance by a written statement filed with the secretary of such individual's respective planning commission. Each statement shall identify the date of each program attended, its subject matter, location, sponsors, and the time spent in each program. A professional planner who is a member of the AICP shall be exempt from this requirement.
    4. The legislative body of the county shall be responsible for paying the training and continuing education course registration and travel expenses for each planning commissioner and full-time professional planner or other administrative official whose duties include advising the planning commission.
    5. The subjects for the training and continuing education required by subdivisions (b)(1) and (2) shall include, but not be limited to, the following: land use planning; zoning; flood plain management; transportation; community facilities; ethics; public utilities; wireless telecommunications facilities; parliamentary procedure; public hearing procedure; land use law; natural resources and agricultural land conservation; economic development; housing; public buildings; land subdivision; and powers and duties of the planning commission. Other topics reasonably related to the duties of planning commission members or professional planners or other administrative officials whose duties include advising the planning commission may be approved by majority vote of the planning commission prior to December 31 of the year for which credit is sought.
    6. Each local planning commission shall keep in its official public record originals of all statements and the written documentation of attendance required to comply with these provisions for three (3) years after the calendar year in which each statement and appurtenant written documentation is filed.
    7. Each planning commissioner and each professional planner or other administrative official whose duties include advising the planning commission shall be responsible for obtaining written documentation signed by a representative of the sponsor of any training and continuing education course for which credit is claimed, acknowledging the fact that the individual attended the program for which credit is claimed. A member of the AICP shall be exempt from this requirement.
    8. If a planning commissioner fails to complete the requisite number of hours of training and continuing education within the time allotted by this subsection (b) or fails to file the statement required by this subsection (b) then this shall constitute a cause for the removal of the planning commission member from the planning commission.
    9. The legislative body of the county may, at any time, opt out of this subsection (b) by passage of a resolution. Further, any such legislative body that has opted out may, at a later date, opt in by passage of a resolution.

Acts 1939, ch. 158, § 2; C. Supp. 1950, § 3291.24 (Williams, § 552.24b); impl. am. Acts 1972, ch. 542, § 15; T.C.A. (orig. ed.), § 13-210; Acts 2002, ch. 862, § 3; 2009, ch. 47, §§ 4-6.

Compiler's Notes. Acts 2002, ch. 862, § 1 provided that the act shall be known and may be cited as the “Planning Commission and Board of Zoning Appeals Training and Continuing Education Act of 2002.”

Cross-References. Local regulation of junkyards, § 54-20-122.

Zoning regulations in metropolitan governments, § 7-3-304.

13-3-202. Powers and duties of community planning commissions.

The community planning commissions shall be granted all the powers and duties as are granted regional planning commissions and municipal planning commissions and all the powers and duties as set forth in chapters 4 and 7 of this title.

Acts 1939, ch. 158, § 3; C. Supp. 1950, § 3291.25 (Williams, § 552.24c); T.C.A. (orig. ed.), § 13-211.

13-3-203. County legislative body is chief legislative body of community planning commission.

For the purpose of enabling any community planning commission to carry out the powers and duties as set forth in chapter 7 of this title, “chief legislative body,” as used in § 13-7-201, is broadened to include the regular legislative body of any county in which any incorporated community lies, and the county legislative body shall serve as the chief legislative body of any community planning commission created under the terms of this part.

Acts 1939, ch. 158, § 4; C. Supp. 1950, § 3291.26 (Williams, § 552.24d); impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 13-212.

Part 3
Regional Plan

13-3-301. Regional plan — Municipality adopting.

  1. It is the function and duty of a regional planning commission to make and adopt a general regional plan for the physical development of the territory of the region. Any such plan shall include the planning of municipal territory to the extent which, in the commissioner's judgment, the same is related to the planning of the region as a whole; provided, that the plan shall not be deemed an official plan or part of the official plan of any municipality having a municipal planning commission unless adopted as such by the municipal planning commission. The board of aldermen or commissioners or other chief legislative body of any municipality may designate the regional planning commission of a region in which such municipality is located as the planning commission of such municipality, and, in the event of such designation, the regional planning commission shall have such powers regarding the planning of the municipality, and the plan of the municipality made and adopted by the regional planning commission shall have the same force and effect as provided by law for municipal planning commissions and municipal plans.
  2. The regional plan, with the accompanying maps, plats, charts, and descriptive matter, shall show the regional planning commission's recommendations for the development of the territory covered by the plan, and may include, among other things, the general location, character and extent of public ways, ground and other public property; the general location and extent of public utilities and terminals, whether publicly or privately owned, for power, light, heat, sanitation, transportation, communication, water and other purposes; the removal, relocation, extension, widening, narrowing, vacating, abandonment or change of use of existing public ways, grounds, open spaces, buildings, properties, utilities or terminals; the general character, location and extent of community centers, town sites or housing developments; the location and extent of forests, agricultural areas and open development areas for purposes of conservation, food and water supply, sanitary and drainage facilities or the protection of urban development, and the identification of areas where there are inadequate or nonexistent publicly or privately owned and maintained services and facilities when the planning commission has determined the services are necessary in order for development to occur; a land classification and utilization program; and a zoning plan for the regulation of the height, area, bulk, location and uses of buildings, the distribution of population, and the uses of land for trade, industry, habitation, recreation, agriculture, forestry, soil and water conservation and other purposes.

Acts 1935, ch. 43, § 11; C. Supp. 1950, § 3291.17 (Williams, § 552.17); T.C.A. (orig. ed.), § 13-204; Acts 2008, ch. 1150, § 1.

Cross-References. Establishment of foreign-trade zones, title 7, ch. 85.

Local regulation of junkyards, § 54-20-122.

Zoning regulations in metropolitan governments, § 7-3-304.

Law Reviews.

Consolidation of County and City Functions and Other Devices for Simplifying Tennessee Local Government (Wallace Mendelson), 8 Vand. L. Rev. 878.

13-3-302. General purpose of plan.

The regional plan shall be made with the general purpose of guiding and accomplishing a coordinated, adjusted, efficient and economic development of the region which will, in accordance with present and future needs and resources, best promote the health, safety, morals, order, convenience, prosperity and welfare of the inhabitants, as well as efficiency and economy in the process of development, including, among other things, such distribution of population and of the uses of the land for urbanization, trade, industry, habitation, recreation, agriculture, forestry and other uses as will tend to create conditions favorable to transportation, health, safety, civic activities and educational and cultural opportunities, reduce the wastes of financial and human resources which result from either excessive congestion or excessive scattering of population, and tend toward an efficient and economic utilization, conservation and production of the supply of food, water, minerals, drainage, sanitary and other facilities and resources, and identify areas where there are inadequate or nonexistent publicly or privately owned and maintained services and facilities when the planning commission has determined that the services are necessary in order for development to occur.

Acts 1935, ch. 43, § 12; C. Supp. 1950, § 3291.18 (Williams, § 552.18); T.C.A. (orig. ed.), § 13-205; Acts 2008, ch. 1150, § 2.

NOTES TO DECISIONS

1. Jurisdiction Over Subdivision Approvals.

Orders dismissing a local government's amended complaint against the second real estate developer for failure to state a claim and granting the first developer summary judgment in the government's action seeking to force the developers to complete a road or to pay damages were vacated because the ordinance approving the project, Metropolitan Government of Nashville and Davidson County, Tennessee, Ordinance No. 88-491, provided a sufficient legal basis for requiring both developers to build and pave the missing section of the road; the ordinance specifically referred to and incorporated the project's preliminary master plan, which included the road, and the first developer's transfer of the property to the second developer did not terminate its legal obligation to build and pave the road. The court further held that the conditions and requirements of the preliminary master plan were binding not only on the first developer but on the second developer as well; the second developer's omission of the middle of the road from the final subdivision plats approved by the planning commission did not absolve it of its legal obligation to finish the road. Metro. Gov't of Nashville & Davidson County v. Barry Constr. Co., 240 S.W.3d 840, 2007 Tenn. App. LEXIS 93 (Tenn. Ct. App. Feb. 21, 2007), rehearing denied, 240 S.W.3d 840, 2007 Tenn. App. LEXIS 140 (Tenn. Ct. App. Mar. 14, 2007).

13-3-303. Procedure of commission in adopting plan.

A regional planning commission may adopt the regional plan as a whole by a single resolution, or, as the work of making the plan progresses, may from time to time adopt a part or parts thereof. The commission may from time to time amend, extend or add to the plan or carry any part of the plan into greater detail. Prior to the adoption of the plan or any part, amendment or addition to the plan, the commission shall hold a public hearing thereon, the time and place of which shall be published in a newspaper of general circulation in the county at least thirty (30) days prior to the meeting in which the adoption is to be first considered. The adoption of the plan or any part, amendment or addition shall be by resolution carried by the affirmative votes of not less than a majority of the membership of the commission. The resolution shall refer to the maps and descriptive matter intended by the commission to form the whole or part of the plan, and the action taken shall be recorded on the map or maps and descriptive matter by the identifying signature of the secretary of the commission.

Acts 1935, ch. 43, § 13; C. Supp. 1950, § 3291.19 (Williams, § 552.19); T.C.A. (orig. ed.), § 13-206; Acts 2008, ch. 1150, § 3.

13-3-304. Certification of plan to counties and municipalities — Adoption by municipalities.

  1. The regional planning commission shall certify a copy of its regional plan or any adopted part or amendment thereof or addition thereto to the department of economic and community development, to the legislative body of the county or of each county lying wholly or partly within the region, and to the planning commission of each municipality having a planning commission and located within the region. Any municipal planning commission which receives any such certification may adopt, as a part or amendment of or addition to the plan of the municipality, so much of the regional plan or part or amendment thereof, or addition thereto as falls within the territory of the municipality, and when so adopted, it shall have the same force and effect as though made and prepared, as well as adopted, by such municipal planning commission.
    1. Once the planning commission of the region or the municipality has adopted and certified the general regional plan, the planning commission's transmittal of the certification to the legislative body may simultaneously include a resolution by the planning commission requesting the legislative body's consideration and adoption of the general regional plan. The county legislative body, by resolution or the municipal legislative body by ordinance, may adopt the general regional plan, or in the case of the municipality, their element of the plan as certified by the planning commission. Prior to the adoption of the general regional plan or amendment of the general regional plan by a legislative body, the legislative body shall hold a public hearing thereon, the time and place of which shall be published in a newspaper of general circulation in the county at least thirty (30) days prior to the meeting in which the adoption or amendment is to be first considered. If the legislative body adopts the general regional plan in the form of an ordinance by the municipality or a resolution by the county, then any land use decisions thereafter made by the legislative body, planning commission or board of zoning appeals when the board of zoning appeals is exercising its powers on matters other than variances, must be consistent with the general regional plan.
      1. Except as provided in subdivision (b)(2)(B), if the planning commission initiates and votes to adopt an amendment to the general plan, the legislative body must pass the amendment by a majority vote in order for the amendment to be operative.
        1. If the planning commission initiates and votes to adopt an amendment to the general plan, the amendment shall be operative without further action of the legislative body. The planning commission shall transmit its action to the legislative body.
        2. Subdivision (b)(2)(B)(i) shall only apply in any county having a population, according to the 2000 federal census or any subsequent federal census, of:

        not less than  nor more than

        7,200 7,300

        7,975 8,025

        12,800 12,900

        17,400 17,450

        17,700 17,775

        20,300 20,400

        88,800 88,900

      1. The general regional plan may be amended upon the initiative of the legislative body. The initiative must be transmitted, in writing, to the planning commission for its review, consideration and vote. The planning commission must take action on the amendment within sixty-one (61) days of the submittal of the amendment to the planning commission by the legislative body.
      2. Except as provided in subdivision (b)(3)(C), if the planning commission votes to approve or not approve the amendment or transmits it back to the legislative body with no recommendation, the legislative body must then approve the amendment by a majority vote, in order for the amendment to be operative.
      3. not less than  nor more than

        7,200 7,300

        7,975 8,025

        12,800 12,900

        17,400 17,450

        17,700 17,775

        20,300 20,400

        88,800 88,900

        1. If the planning commission votes to approve the amendment, the amendment shall be operative without further action of the legislative body. If the planning commission votes not to approve the amendment or to make no recommendation on the amendment, the amendment shall not be operative. The planning commission shall transmit its action back to the legislative body and provide a written explanation for its reasons in not approving the amendment or for not making a recommendation on the initiative transmitted to the commission by the legislative body.
        2. Subdivision (b)(3)(C)(i) shall only apply in any county having a population, according to the 2000 federal census or any subsequent federal census, of:
        3. The general regional plan may be adopted as an element of the jurisdictions' growth plan through the process established in title 6, chapter 58, but if the regional general plan is not adopted as part of the growth plan, it nevertheless cannot be inconsistent with the growth plan or the intent of title 6, chapter 58.

Acts 1935, ch. 43, § 14; C. Supp. 1950, § 3291.20 (Williams, § 552.20); impl. am. Acts 1972, ch. 542, § 15; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 13-207; Acts 2008, ch. 1150, § 4; 2010, ch. 648, § 1.

Compiler's Notes. For table of U.S. decennial populations of Tennessee counties, see Volume 13 and its supplement.

Part 4
Regional Planning Regulations

13-3-401. Chapter definitions.

As used in this chapter, unless the context otherwise requires:

  1. “Plat” includes plat, plan, plot or replot;
  2. “Regional planning commission” means any regional planning commission established by the department of economic and community development as provided by law, and includes any municipal planning commission designated by the department as the regional planning commission of a planning region composed of the territory of a single municipality, together with the territory adjoining but outside of such municipality, no part of which is outside the municipality's urban growth boundary or, if no such boundary exists, more than five (5) miles beyond the limits of such municipality;
  3. “Road” or “roads” means, relates to and includes roads, streets, highways, avenues, boulevards, parkways, lanes or other ways or any part thereof;
    1. “Subdivision” means, in any county having a population of not less than thirty-two thousand seven hundred (32,700) nor more than thirty-two thousand seven hundred sixty (32,760), according to the 1980 federal census or any subsequent federal census, the division of a tract or parcel of land into two (2) or more lots, sites or other divisions for the purpose, whether immediate or future, of sale or building development, and includes resubdivision and, when appropriate to the context, relates to the process of subdividing or to the land or area subdivided; provided, that “subdivision” does not include a division of any tract or parcel of land into two (2) or more tracts or parcels when such parts or parcels are five (5) acres or larger in size; and
      1. “Subdivision” means, in all counties except those in subdivision (4)(A), the division of a tract or parcel of land into two (2) or more lots, sites, or other divisions requiring new street or utility construction, or any division of less than five (5) acres for the purpose, whether immediate or future, of sale or building development, and includes resubdivision and, when appropriate to the context, relates to the process of resubdividing or to the land or area subdivided;
      2. As used in subdivision (4)(B)(i), “utility construction” does not include the mere extension of individual service pipes or lines for the purpose of directly connecting a single lot, site or other division to existing utility mains.

Acts 1935, ch. 35, § 6, C. Supp. 1950, § 3493.9 (Williams, § 3493.15); impl. am. Acts 1972, ch. 542, § 15; Acts 1976, ch. 692, § 1; T.C.A. (orig. ed.), § 13-301; Acts 1984, ch. 961, §§ 1, 3; 1985, ch. 149, § 1; 1988, ch. 597, § 1; 1998, ch. 1101, § 26; 2008, ch. 746, § 1.

Compiler's Notes. For table of U.S. decennial populations of Tennessee counties, see Volume 13 and its supplement.

Cross-References. Local regulation of junkyards, § 54-20-122.

“Regional planning commission” defined, § 13-7-113.

“Subdivision” defined for municipal planning regulation purposes, § 13-4-301.

Zoning regulations in metropolitan governments, § 7-3-304.

Attorney General Opinions. Definition of “subdivision” for regional planning purposes, OAG 97-167, 1997 Tenn. AG LEXIS 182 (12/16/97).

The establishment of a horizontal property regime under the Horizontal Property Act, T.C.A. §§ 66-27-101 to 66-27-123, does not constitute a subdivision of property; therefore, if a property owner complies with the act's provisions for establishing a horizontal property regime, the property owner need not seek the regional planning commission's approval under the statutes governing subdivisions, T.C.A. §§ 13-3-401 to 13-3-411, OAG 01-147, 2001 Tenn. AG LEXIS 155 (9/14/01).

Regional planning commission's authority in urban growth areas.  OAG 13-31, 2013 Tenn. AG LEXIS 32 (4/18/13).

NOTES TO DECISIONS

1. Tort Immunity.

The Reelfoot regional planning commission is a “governmental entity” under the provisions of the Tennessee Governmental Tort Liability Act, T.C.A. § 29-20-101 et seq., and thus is immune as a matter of law from any liability. Lake County v. Truett, 758 S.W.2d 529, 1988 Tenn. App. LEXIS 164 (Tenn. Ct. App. 1988).

2. “Subdivision.”

Developer's division of property was a “subdivision” within scope of T.C.A. § 13-3-401(4)(B), and thus subject to approval by county planning commission. Loftin v. Langsdon, 813 S.W.2d 475, 1991 Tenn. App. LEXIS 204 (Tenn. Ct. App. 1991).

13-3-402. Regional planning commission platting authority — Recording plat by county register — Variances.

    1. From and after the time when the regional planning commission of any region, as defined and created by the department of economic and community development, has adopted a regional plan which includes at least a major road plan or has progressed in its planning to the state of the making and adoption of a major road plan, and has filed a certified copy of such major road plan in the office or offices of the county register or registers of the county or counties lying in whole or in part in such region, then no plat of a subdivision of land within such region, other than land located within the boundaries of any municipal corporation, shall be filed for record or recorded until it has been approved by such regional planning commission or the staff of the regional planning commission if this responsibility has been delegated to the staff by the regional planning commission as provided in subsection (c), and such approval endorsed in writing on the plat by the secretary of the commission or by another designee of the regional planning commission; provided, that if the plat of subdivision divides the tract into no more than two (2) lots, the approval may be endorsed in writing on the plat by the secretary of the commission or by another designee of the regional planning commission without the approval of the regional planning commission, upon certification by the planning staff of the regional planning commission that the subdivision complies with such regulations governing a subdivision of land as have been adopted by the regional planning commission pursuant to § 13-3-403; provided further, that no request for variance from such regulations has been requested.
    2. No plat shall be submitted to or approved by the regional planning commission or the staff of the regional planning commission if this responsibility has been delegated to the staff by the regional planning commission as provided in subsection (c) unless it is submitted by the owner of the property to be subdivided by the plat, or a governmental entity. “Owner,” for purposes of this section, means the legal or beneficial owner or owners of all the land proposed to be included in the proposed subdivision, or the holder of a written option or contract to purchase the land, or the attorney or authorized representative of any of the aforementioned.
  1. No county register shall receive, file or record a plat of a subdivision, or an amendment, modification, or correction to a recorded plat of a subdivision, without the approval of the regional planning commission when and as required by this part. Each such plat so filed shall include the most recent recorded deed book number and page number for each deed constituting part of the property being platted. Notwithstanding this subsection (b), an easement or survey attached to an easement granted to the state, a county, municipality, metropolitan government, or entity of the state, county, municipality or metropolitan government, shall not constitute an amendment, modification, or correction of a recorded plat of a subdivision.
  2. A regional planning commission may delegate the responsibility for approval of a subdivision plat to the staff of the regional planning commission by a majority vote of the regional planning commission that is taken in a public meeting after being placed on the regional planning commission's meeting agenda and notice being provided as required for other matters before the regional planning commission.
  3. A regional planning commission may grant variances to subdivision regulations, if such variances are adopted at a public meeting of the commission.

Acts 1935, ch. 35, § 1; C. Supp. 1950, § 3493.10; impl. am. Acts 1972, ch. 542, § 15; Acts 1976, ch. 803, § 1; 1977, ch. 267, § 1; T.C.A. (orig. ed.), § 13-302; Acts 1981, ch. 73, § 1; 1988, ch. 554, § 1; 1989, ch. 591, §§ 1, 6; 2004, ch. 576, § 2; 2006, ch. 547, § 1; 2006, ch. 644, §§ 1, 3, 5; 2018, ch. 1000, §§ 2-4.

Cross-References. Cooperative planning agreements, title 54, ch. 18, part 1.

Plans for street and highway systems, title 54, ch. 18, part 2.

Submission of subdivision plats to commission for approval — Filing and recording, § 13-4-302.

Attorney General Opinions. No statute of general applicability authorizes a county commission to enact a resolution requiring a county register to accept for filing the plat of a subdivision that has not been approved by the regional planning commission, OAG 07-121, 2007 Tenn. AG LEXIS 121 (8/16/07).

No statute of general applicability authorizes a county commission to exempt a subdivision from approval by the regional planning commission, OAG 07-121, 2007 Tenn. AG LEXIS 121 (8/16/07).

NOTES TO DECISIONS

1. Recording Plat.

2. —Approval.

This section prohibits the recording of a plat of a subdivision without approval of the regional planning commission and such approval must be endorsed in writing on the plat. Foley v. Hamilton, 603 S.W.2d 151, 1980 Tenn. App. LEXIS 369 (Tenn. Ct. App. 1980).

Orders dismissing a local government's amended complaint against the second real estate developer for failure to state a claim and granting the first developer summary judgment in the government's action seeking to force the developers to complete a road or to pay damages were vacated because the ordinance approving the project, Metropolitan Government of Nashville and Davidson County, Tennessee, Ordinance No. 88-491, provided a sufficient legal basis for requiring both developers to build and pave the missing section of the road; the ordinance specifically referred to and incorporated the project's preliminary master plan, which included the road, and the first developer's transfer of the property to the second developer did not terminate its legal obligation to build and pave the road. The court further held that the conditions and requirements of the preliminary master plan were binding not only on the first developer but on the second developer as well; the second developer's omission of the middle of the road from the final subdivision plats approved by the planning commission did not absolve it of its legal obligation to finish the road. Metro. Gov't of Nashville & Davidson County v. Barry Constr. Co., 240 S.W.3d 840, 2007 Tenn. App. LEXIS 93 (Tenn. Ct. App. Feb. 21, 2007), rehearing denied, 240 S.W.3d 840, 2007 Tenn. App. LEXIS 140 (Tenn. Ct. App. Mar. 14, 2007).

13-3-403. Platting regulations — Road and utility main regulations — Completion bond — Hearing on regulations.

  1. In exercising the powers granted to it by § 13-3-402, the regional planning commission shall adopt regulations governing the subdivision of land within its jurisdiction. Such regulations may provide for the harmonious development of the region and its environs; for the coordination of roads within the subdivided land with other existing or planned roads or with the state or regional plan or with the plans of municipalities in or near the region; for adequate open spaces for traffic, light, air and recreation; for the conservation of or production of adequate transportation, water, drainage and sanitary facilities; for the avoidance of population congestion; and for the avoidance of such scattered or premature subdivision of land as would involve danger or injury to health, safety or prosperity by reason of the lack of water supply, drainage, transportation or other public services or would necessitate an excessive expenditure of public funds for the supply of such services or would be located in areas where there are inadequate or nonexistent publicly or privately owned and maintained services and facilities when the planning commission has determined the services are necessary in order for development to occur.
    1. As a condition precedent to the final approval of the plat, the regulations may include infrastructure improvement requirements as to the extent to which and the manner in which:
      1. Roads are constructed and improved;
      2. Water, sewer, and other utility mains, piping, and connections are constructed or installed; or
      3. Other infrastructure and facilities are constructed or installed.
    2. The regulations of the regional planning commission may provide for the preliminary approval of the plat before the infrastructure improvements, but any preliminary approval shall not be entered on the plat.
    3. In lieu of the completion of the infrastructure improvements before the final approval of a subdivision plat, the regional planning commission may grant final plat approval subject to the submittal and acceptance of a bond, letter of credit, or other method of assurance, in form, in amount, and with conditions and surety satisfactory to the regional planning commission. The bond, letter of credit, or other method of assurance shall provide for and secure to the public and the local government the actual construction and installation of the infrastructure improvements within a period specified by the regional planning commission and expressed in the bond, letter of credit, or other method of assurance.
    4. The attorney for the county shall enforce any bond, letter of credit, or other method of assurance by all appropriate legal and equitable remedies, and moneys collected on the bond, letter of credit, or other method of assurance shall be paid into the county's treasury. Upon the order of the regional planning commission, the moneys shall be applied to the construction and installation of the infrastructure improvements.
    1. Before adoption of its subdivision regulations or any amendment thereof, a public hearing thereon shall be held by the regional planning commission, thirty (30) days' notice of the time and place of which shall be given by one (1) publication in a newspaper of general circulation in each county lying wholly or partly in the region.
      1. The adoption of subdivision regulations or an amendment to existing subdivision regulations proposed by a regional planning commission shall not be given effect unless approved:
        1. By the county legislative body of each county lying wholly or partly within the region and by the governing body of each municipality lying wholly or partly within the region;
        2. By only the legislative body of the county that is regulated by those subdivision regulations, if the subdivision regulations apply only to land outside of any municipality within the region; or
        3. By only the governing body of the municipality that is regulated by those subdivision regulations, if the subdivision regulations apply only to land within municipal boundaries.
      2. This subdivision (c)(2) applies to a regional planning commission if the legislative body of each county and municipality lying wholly or partly within the region adopts a resolution or ordinance requiring approval of the regional planning commission's subdivision regulations or amendments to existing subdivision regulations.

Acts 1935, ch. 35, § 2; C. Supp. 1950, § 3493.11; modified; T.C.A. (orig. ed.), § 13-303; Acts 1998, ch. 1080, § 7; 2008, ch. 1150, § 5; 2009, ch. 35, § 1; 2011, ch. 73, § 1; 2015, ch. 209, § 1; 2018, ch. 1000, § 1.

Attorney General Opinions. The County Powers Relief Act would not preclude the amendment of T.C.A. § 13-3-403(b) to include schools as “facilities,” the installation of which may be required as a condition precedent to subdivision plat approval; nevertheless, such amendment would appear to conflict with the spirit and express language of that act, OAG 07-153, 2007 Tenn. AG LEXIS 153 (11/21/07).

Regional planning commission's authority in urban growth areas.  OAG 13-31, 2013 Tenn. AG LEXIS 32 (4/18/13).

NOTES TO DECISIONS

1. Scope of Regulations.

Regional planning commissions are empowered by this section to adopt regulations governing a subdivision of lands within their jurisdictions and to include requirements in such regulations as to the manner in which roads are to be graded and improved. Foley v. Hamilton, 603 S.W.2d 151, 1980 Tenn. App. LEXIS 369 (Tenn. Ct. App. 1980).

2. Failure to Comply with Conditions of Approval.

When a subdivision plan has been approved upon conditions, the failure to comply with the conditions will result in recision of the approval. Foley v. Hamilton, 603 S.W.2d 151, 1980 Tenn. App. LEXIS 369 (Tenn. Ct. App. 1980).

13-3-404. Procedure upon submission of plats — Procedure in certain counties.

  1. The regional planning commission shall approve or disapprove a plat within sixty (60) days after the initial consideration of the plat by the regional planning commission meeting in a regularly scheduled session, unless at the end of the sixty-day period there is a holiday or an unexpected interceding event that would close municipal or county government offices and thus affect the normal computation of the sixty-day period, in which case the plat shall be approved or disapproved after the interrupted sixty-day period at the next regularly scheduled meeting of the regional planning commission; otherwise, the plat shall be deemed approved and a certificate to that effect shall be issued by the commission on demand. The applicant for the commission's approval may waive the time requirement set in this subsection (a) and consent to an extension or extensions of the applicable time period. When a plat has been filed with the appropriate officials of the planning commission, the plat shall be placed on the agenda of the planning commission within thirty (30) days of the filing or the next regularly scheduled planning commission meeting after the thirty-day period. The applicant may waive the time frame requirement for the appearance of the plat on the agenda. The ground of disapproval of any plat shall be stated upon the records of the commission. Any plat submitted to the commission shall contain the name and address of a person to whom notice of hearing may be sent; and no plat shall be acted upon by the commission without affording a hearing thereon, notice of the time and place of which shall be sent by mail to the address not less than five (5) days before the date fixed for such hearing.
  2. In incorporated municipalities located within any county having a population of not less than three hundred twenty-five thousand (325,000) nor more than four hundred thousand (400,000), according to the 1990 federal census or any subsequent federal census, if the regional planning commission approves or disapproves a plat after a hearing thereon, then the applicant submitting the plat or any person who was a party for or against the plat request at the planning commission hearing shall have the right within thirty (30) days after such approval or disapproval to have the action of the regional planning commission reviewed by the municipal legislative body having jurisdiction over the plat in question, which shall by majority vote approve or disapprove the plat. If the plat is approved, then the secretary of the regional planning commission shall endorse the plat for recording as prescribed in § 13-3-402. No such plat shall be recorded until after the municipal legislative body has acted on a request for a review of the action of the planning commission if there is a request within thirty (30) days.

Acts 1935, ch. 35, § 3; C. Supp. 1950, § 3493.12; T.C.A. (orig. ed.), § 13-304; Acts 1973, ch. 402, § 1; 1993, ch. 313, § 1; 2001, ch. 295, § 1; 2008, ch. 984, § 1.

Compiler's Notes. This section was amended by Acts 1973, ch. 402, § 1 with respect to Knox County only.

For table of U.S. decennial populations of Tennessee counties, see Volume 13 and its supplement.

13-3-405. Plat approval not acceptance of road.

The approval of a plat by the regional planning commission shall not be deemed to constitute or effect an acceptance by any county or by the public of the dedication of any road or other ground shown upon the plat.

Acts 1935, ch. 35, § 4; C. Supp. 1950, § 3493.13; T.C.A. (orig. ed.), § 13-305.

NOTES TO DECISIONS

1. Completed Dedication.

A completed dedication requires an offer of dedication and public acceptance of that dedication. Both the offer of dedication and the public acceptance may be express or implied. Hackett v. Smith County, 807 S.W.2d 695, 1990 Tenn. App. LEXIS 128 (Tenn. Ct. App. 1990).

The failure of public officials to expressly accept a dedication will not defeat that dedication if there has been use by the general public. Hackett v. Smith County, 807 S.W.2d 695, 1990 Tenn. App. LEXIS 128 (Tenn. Ct. App. 1990).

13-3-406. Acceptance of and improvements of unapproved roads.

From and after the time when the platting jurisdiction of any regional planning commission of any region has attached by virtue of the making and adoption of a major road plan as provided in § 13-3-402, no county or court or board or officer thereof or any other public officer or authority shall accept, lay out, open, improve, grade, pave or light any road or lay or authorize water mains or sewers or connections or other facilities or utilities to be laid in any road located within such region and outside of the boundaries of municipal corporations, unless such road has been accepted or opened or has otherwise received the legal status of a public road prior to the attachment of the planning commission's jurisdiction, or unless such road corresponds in its location and lines with a road shown on a subdivision plat approved by the planning commission or on a road plat made and adopted by the planning commission; provided, that the county legislative body of such county may accept or lay out any other road or adopt any other road location; provided further, that the resolution or other measure for such acceptance, laying out or adoption is first submitted to the planning commission for its approval and, if disapproved by the commission, receives the favorable vote of not less than a majority of the entire membership of the county legislative body; and a road approved by the planning commission upon such submission, or accepted, laid out, or adopted by the commission, shall have the status of an approved road location as fully as though it had been originally shown on a subdivision plat approved by the planning commission or on a plat made and adopted by the planning commission. In the case, however, of any state highway constructed or to be constructed in the region by the state of Tennessee with state funds as a part of the state highway system, the submission to the planning commission shall be by the commissioner of transportation, who shall have the power to overrule the disapproval of the planning commission.

Acts 1935, ch. 35, § 5; C. Supp. 1950, § 3493.14; impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1972, ch. 829, § 7; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 13-306.

13-3-407. Applicability of part.

This part shall not apply to any subdivision, the plat of which has been registered prior to February 14, 1935.

Acts 1935, ch. 35, § 7; C. Supp. 1950, § 3493.15 (Williams, § 3493.16); T.C.A. (orig. ed.), § 13-307.

13-3-408. Divisions and plats partitioned by court excepted.

This part shall not apply to division and plats of land partitioned by a court of competent jurisdiction. However, plats filed under § 13-3-402 shall contain the information required by § 13-3-402 even though the land has been partitioned by a court of competent jurisdiction.

Acts 1935, ch. 35, § 8; C. Supp. 1950, § 3493.16 (Williams, § 3493.17); Acts 1976, ch. 803, § 2; T.C.A. (orig. ed.), § 13-308; Acts 2009, ch. 77, § 1.

Attorney General Opinions. This section does not apply where a regional planning commission has been designated to act as a municipality's planning authority, OAG 87-118, 1987 Tenn. AG LEXIS 84 (7/20/87).

Developer may fall within exception, OAG 97-167, 1997 Tenn. AG LEXIS 182 (12/16/97).

13-3-409. Private acts relating to subdivision of lands — Effect.

This part shall not be construed as repealing or impairing any provision of any private act relating to the approval or regulation by the municipal authorities of the cities therein specified of the subdivision of land or the filing of plans, plots or replots of land lying within the distance therein specified beyond the corporate limits of such cities, or of any private act relating to the jurisdiction of any county planning commission of the county therein specified.

Acts 1935, ch. 35, § 9; C. Supp. 1950, § 3493.17 (Williams, § 3493.18); T.C.A. (orig. ed.), § 13-309.

NOTES TO DECISIONS

1. In General.

The legislature clearly limited the exception provided for in this section to any private act relating to the jurisdiction of any county planning commission in existence at the time of the passage of the act and repealed all other acts or parts of any act in conflict. Alcoa v. Blount County, 658 S.W.2d 116, 1983 Tenn. App. LEXIS 608 (Tenn. Ct. App. 1983).

13-3-410. Penalties for transferring lots in unrecorded subdivisions.

    1. The owner or the agent of the owner of any land shall not:
      1. Transfer, sell, agree to sell, or negotiate to sell the land by reference to, exhibition of, or by other use of a subdivision plat without first submitting a final subdivision plat to the regional planning commission and receiving the commission's approval and before the final plat is recorded in the appropriate register's office; or
      2. Falsely represent to a prospective purchaser of the land that roads or streets will be constructed by a county or other political subdivision.
    2. The description by metes and bounds in the instrument of transfer or other document used in the sale or transfer does not exempt the transaction from a violation of this subsection (a). The county, through the county attorney or other official designated by the legislative body, may pursue an injunction or other appropriate remedy for a violation of this subsection (a).
  1. The owner or agent of the owner of any land may sell, transfer, or agree to sell any lot or lots shown on a plat only after that plat has been given final plat approval by the regional planning commission, and after the approved final plat is recorded in the office of the appropriate county register. The regional planning commission may grant final plat approval where the infrastructure improvements such as roads, water, sewer, utilities, other infrastructures, and facilities are not completed and accepted by the appropriate entities. For the regional planning commission to grant final approval, the owner or agent of the owner of the land to be granted final approval shall post a bond, letter of credit, or other method of assurance in form, in amount, and with conditions and surety satisfactory to the regional planning commission. The bond, letter of credit, or other method of assurance shall provide for and secure to the public and the county the actual construction and installation of the infrastructure improvements within a period specified by the regional planning commission.
  2. The remedies and penalties provided by this chapter are to be applied exclusively to the owner or agent of the owner. Title to any tract conveyed without compliance with this chapter is not affected by this chapter unless the sale or transfer has been enjoined by a court of competent jurisdiction prior to the conveyance being recorded in the office of the appropriate county register. While the title to any such tract is not affected by this chapter, the tract remains otherwise subject to all provisions of this chapter.

Acts 1935, ch. 35, § 10, as added by Acts 1951, ch. 222, § 2 (Williams, § 3493.19); 1959, ch. 132, § 1; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 13-310; Acts 1989, ch. 591, § 113; 1993, ch. 203, § 1; 2015, ch. 209, §§ 2, 3.

Cross-References. Penalty for Class C misdemeanor, § 40-35-111.

Attorney General Opinions. A transfer that is not made by reference to or exhibition of or by other use of a plat of subdivision of such land is not subject to T.C.A. § 13-3-410(a), OAG 07-121, 2007 Tenn. AG LEXIS 121 (8/16/07).

Correction of recorded subdivision plat.  OAG 13-17, 2013 Tenn. AG LEXIS 19 (3/5/13).

Regional planning commission's authority in urban growth areas.  OAG 13-31, 2013 Tenn. AG LEXIS 32 (4/18/13).

NOTES TO DECISIONS

1. Enforcement.

T.C.A. §§ 13-3-410 and § 13-3-411 confer specific authority to bring an action to enforce certain provisions of the planning statutes without the necessity of a resolution of the county legislative body. Lake County v. Truett, 758 S.W.2d 529, 1988 Tenn. App. LEXIS 164 (Tenn. Ct. App. 1988).

13-3-411. Prerequisites for issuing building permits or erecting buildings — Proposed permanent easements.

  1. From and after the time when the platting jurisdiction of any regional planning commission has attached as provided in § 13-3-402, no building permit shall be issued and no building shall be erected on any lot within the region, unless one (1) of the following four (4) criteria is met:
    1. The street giving access to the lot upon which the building is proposed to be placed has been accepted or opened as, or shall have otherwise, received the legal status of, a public street prior to that time;
      1. The street corresponds in its location and lines with a street shown on a subdivision plat approved by the planning commission and recorded in the register of deeds; and
      2. Whenever the street or other infrastructure improvements as denoted on the plat have not been completed, there shall be an adequate, valid, and enforceable bond, or an adequate, valid, and enforceable other guarantee for the completion of the improvements, which shall be held by the appropriate officials as provided in § 13-3-403. This subdivision (a)(2)(B) shall not be construed to require duplicate bonds or to require additional bonds when an adequate bond to complete the infrastructure is already in effect. This subdivision (a)(2)(B) shall not be construed as requiring a building contractor to post the bond required by § 13-3-403 on the infrastructure for the subdivision if such building contractor is not a developer of the subdivision;
      1. The lot fronts upon a permanent easement which conforms to all rules, regulations and specifications applicable to the permanent easement of the planning commission or other department, division or agency of the county; provided, that such rules, regulations, and specifications governing permanent easements shall not take effect until such rules, regulations, and specifications are approved by the county legislative body in a resolution by a two-thirds (2/3) vote; and
      2. The permanent easement has access to an existing highway, street or thoroughfare, or with a street located or accepted by the county legislative body after submission to the planning commission, and in case of the planning commission's disapproval, by the favorable vote of the county legislative body required in § 13-3-406; or
    2. The street corresponds in its location and lines with a street shown on a street plat made and adopted by the commission.
  2. The planning commission or other department, division or agency of a county as approved by the planning commission may recommend to the county legislative body regulations to govern a proposed permanent easement in a proposed subdivision, as defined in § 13-3-401. The purpose of the regulations is to ensure that the county is not responsible for the future maintenance of such permanent easement.
  3. Any building erected or to be erected in violation of this section is an unlawful structure, and the state building commission or the county attorney or other official designated by the county legislative body may institute a civil action to enjoin such erection or cause it to be vacated or removed.

Acts 1935, ch. 35, § 11, as added by Acts 1951, ch. 222, § 2 (Williams, § 3493.20); Acts 1972, ch. 681, § 1; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 13-311; Acts 1994, ch. 816, § 1; 2014, ch. 914, §§ 1, 2, 4.

NOTES TO DECISIONS

1. Enforcement.

T.C.A. § 13-3-410 and this section confer specific authority to bring an action to enforce certain provisions of the planning statutes without the necessity of a resolution of the county legislative body. Lake County v. Truett, 758 S.W.2d 529, 1988 Tenn. App. LEXIS 164 (Tenn. Ct. App. 1988).

13-3-412. New subdivision developments in the vicinity of established sport shooting ranges.

  1. For any new subdivision development that is located in whole or in part within one thousand feet (1,000') of any portion of the outside boundary of any land on which is contained a sport shooting range that was established, by clear and convincing evidence, constructed or operated prior to the development of the subdivision, the owner of the development shall provide on any plat filed with the appropriate municipal or county official, or both, the following notice:

    Sport Shooting Range Area

    This property is located in the vicinity of an established sport shooting range. It can be anticipated that customary uses and activities at this shooting range will be conducted now and in the future. The use and enjoyment of this property is expressly conditioned on acceptance of any annoyance or inconvenience that may result from these uses and activities.

  2. As used in this section, unless the context otherwise requires:
    1. “Established” means a sport shooting range that is known by custom, reputation or otherwise to exist within a community or area prior to the time of the proposed subdivision development. Indicia of a sport shooting range being “established” are:
      1. The range is listed in the area telephone book;
      2. The range is, from time to time, advertised in the yellow pages of a telephone book, newspapers, billboards or flyers;
      3. There are directional signs on public roads, streets or highways indicating the correct route to the shooting range;
      4. The range is indicated on a road or other map of the area that predates the proposed subdivision development;
      5. The shooting range is listed with the better business bureau or chamber of commerce of the area in which it is located; or
      6. The owner of the range has a business license on file with the appropriate clerk; and
    2. “Sport shooting range” or “range” means an area designed and operated for the use of rifles, shotguns, pistols, silhouettes, skeet, trap, black powder, or any other similar sport shooting.
  3. This section shall only apply to counties that have a planning commission and subdivision regulations.

Acts 2004, ch. 494, § 1.

13-3-413. Power of regional planning commission to promulgate provisions for development — Vesting period for development standards as to approved development plans.

  1. A regional planning commission shall have the power to promulgate provisions in its subdivision regulations and recommend amendments to the zoning ordinance for the establishment of review and approval powers for site plans and the establishment under the zoning provisions for review and approval of planned unit developments, overlay districts, mixed use developments, condominiums and other types of sustainable design and development of property. The provision of well-designed and properly constructed infrastructure within such developments is vital to the health, safety and welfare of the public utilizing such development and the community as a whole. These types of development typically contain infrastructure that may be dedicated to a governmental entity or may be controlled by other types of bodies or nongovernmental entities including, but not limited to, property owner associations. These infrastructure and internal development improvements such as, but not limited to, public and nonpublic roads, water and sewer lines, landscaping, green space, sustainable design features and other improvements as required by the planning commission, either through its subdivision regulation or through the local government's zoning ordinance, shall be subject to bonding or other methods of guaranteeing their installation. The planning commission may set and hold these guaranteeing instruments or may designate to another governmental body that duty and function.
  2. A vested property right shall be established with respect to any property upon the approval, by the local government in which the property is situated, of a preliminary development plan or a final development plan where no preliminary development plan is required by ordinance or regulation or a building permit allowing construction of a building where there was no need for prior approval of a preliminary development plan for the property on which that building will be constructed. During the vesting period described in subsections (c) and (d), the locally adopted development standards which are in effect on the date of approval of a preliminary development plan or the date of approval of a building permit, as described by this subsection (b), shall remain the development standards applicable to that property or building during the vesting period.
  3. Unless an extension is granted by the local government, the vesting period applicable to an approved construction project for which a building permit has been issued shall begin on the date of issuance of the building permit by the local government and shall remain in effect for the time period authorized by the approved building permit, including any approved renewal obtained by the applicant prior to the expiration or termination of the permit to be renewed; provided, that the applicant pursues with reasonable diligence site preparation, if applicable, and construction.
    1. The vesting period applicable to a development plan shall be a period of three (3) years, beginning on the date of the local government's approval of the preliminary development plan; provided, that the applicant obtains local government approval of a final development plan, secures any necessary permits and commences site preparation within the vesting period. If the applicant obtains local government approval of a final development plan, secures any necessary permits, and commences site preparation within the vesting period, then the vesting period shall be extended an additional two (2) years to commence construction from the date of the expiration of the three-year period. During the two-year period, the applicant shall commence construction and maintain any necessary permits to remain vested.
    2. If construction commences during the vesting period, the development standards applicable during the vesting period shall remain in effect until the local government has certified final completion of the development or project; provided, that the total vesting period for the project shall not exceed ten (10) years from the date of the approval of the preliminary development plan unless the local government grants an extension pursuant to an ordinance or resolution; provided further, that the applicant maintains any necessary permits during the ten-year period.
    3. In the case of developments which proceed in two (2) or more sections or phases as described in the development plan, there shall be a separate vesting period applicable to each section or phase. The development standards which are in effect on the date of approval of the preliminary development plan for the first section or phase of the development shall remain the development standards applicable to all subsequent sections or phases of the development; provided, that the total vesting period for all phases shall not exceed fifteen (15) years from the date of the approval of the preliminary development plan for the first section or phase unless the local government grants an extension pursuant to an ordinance or resolution; provided further, that the applicant maintains any necessary permits during the fifteen-year period.
  4. A local government may, by ordinance or resolution, specifically identify the type or types of development plans within the local government's jurisdiction that will cause property rights to vest; provided, that regardless of nomenclature used in the ordinance or resolution to describe a development plan, a plan which contains any of the information described in subdivision (k)(5) or (k)(6) shall be considered a development plan that will cause property rights to vest according to this section. Any such ordinance or resolution shall also specify what constitutes approval of a development plan within its jurisdiction. If a local government has not adopted an ordinance or resolution pursuant to this section specifying what constitutes a development plan that would trigger a vested property right, then rights shall vest upon the approval of any plan, plat, drawing, or sketch, however denominated, that is substantially similar to any plan, plat, drawing, or sketch described in subdivision (k)(5) or (k)(6).
    1. During the vesting period described in subsections (c) and (d), the locally adopted development standards which are in effect on the date of approval of a preliminary development plan or the issuance of a building permit, whichever applies, shall remain the development standards applicable to the property described in such preliminary development plan or permit, except such rights shall terminate upon a written determination by the local government under the following circumstances pursuant to subdivision (f)(2):
      1. When the applicant violates the terms and conditions specified in the approved development plan or building permit; provided, the applicant is given ninety (90) days from the date of notification to cure the violation; provided further, that the local government may, upon a determination that such is in the best interest of the community, grant, in writing, an additional time period to cure the violation;
      2. When the applicant violates any of the terms and conditions specified in the local ordinance or resolution; provided, the applicant is given ninety (90) days from the date of notification to cure the violation; provided further, that the local government may, upon a determination that such is in the best interest of the community, grant, in writing, an additional time period to cure the violation;
      3. Upon a finding by the local government that the applicant intentionally supplied inaccurate information or knowingly made misrepresentations material to the issuance of a building permit or the approval of a development plan or intentionally and knowingly did not construct the development in accordance with the issued building permit or the approved development plan or an approved amendment for the building permit or the development plan; or
      4. Upon the enactment or promulgation of a state or federal law, regulation, rule, policy, corrective action or other governance, regardless of nomenclature, that is required to be enforced by the local government and that precludes development as contemplated in the approved development plan or building permit, unless modifications to the development plan or building permit can be made by the applicant, within ninety (90) days of notification of the new requirement, which will allow the applicant to comply with the new requirement.
    2. A written determination by the local government of the occurrence of any of the circumstances provided in subdivision (f)(1) shall cause the vested property rights to terminate; provided, however, that a local government may allow a property right to remain vested despite such a determined occurrence when a written determination is made that such continuation is in the best interest of the community.
    1. A vested development standard shall not preclude local government enforcement of any development standard when:
      1. The local government obtains the written consent of the applicant or owner;
      2. The local government determines, in writing, that a compelling, countervailing interest exists relating specifically to the development plan or property which is the subject of the building permit that seriously threatens the public health, safety or welfare of the community and the threat cannot be mitigated within a reasonable period of time, as specified in writing by the local government, by the applicant using vested property rights;
      3. Upon the written determination by the local government of the existence of a natural or man-made hazard on or in the immediate vicinity of the subject property, not identified in the development plan or building permit, and which hazard, if uncorrected, would pose a serious threat to the public health, safety, or welfare and the threat cannot be mitigated within a reasonable period of time, as specified in writing by the local government, by the applicant using vested property rights;
      4. A development standard is required by federal or state law, rule, regulation, policy, corrective action, order or other type of governance that is required to be enforced by local governments, regardless of nomenclature; or
      5. A local government is undertaking an action initiated or measure instituted in order to comply with a newly enacted federal or state law, rule, regulation, policy, corrective action, permit, order or other type of governance, regardless of nomenclature.
    2. A vested property right does not preclude, change, amend, alter or impair the authority of a local government to exercise its eminent domain powers as provided by law.
    3. This section shall not preclude, change, amend, alter or impair the authority of a local government to exercise its zoning authority, except a vested property right, once established as provided for in this section, precludes the effect of any zoning action by a local government which would change, alter, impair, prevent, diminish, or otherwise delay the development of the property, while vested, as described in an approved development plan or building permit.
    4. In the event the local government enacts a moratorium on development or construction, the vesting period authorized pursuant to this section shall be tolled during the moratorium period.
    1. An amendment to an approved development plan by the developer must be approved by the local government to retain the protections of the vested property right. An amendment may be denied based upon a written finding by the local government that the amendment:
      1. Alters the proposed use;
      2. Increases the overall area of the development;
      3. Alters the size of any nonresidential structures included in the development plan;
      4. Increases the density of the development so as to affect traffic, noise or other environmental impacts; or
      5. Increases any local government expenditure necessary to implement or sustain the proposed use.
    2. If an amendment is denied by the local government based upon such a written finding, then the applicant may either proceed under the prior approved plan with the associated vested property right or, alternatively, allow the vested property right to terminate and submit a new application under this section. Notwithstanding this subsection (h), a vested property right shall not terminate if the local government determines, in writing, that it is in the best interest of the community to allow the development to proceed under the amended plan without terminating the vested property right.
  5. A local government shall not require an applicant to waive the applicant's vested rights as a condition of approval or as a consideration of approval of a development plan or the issuance of a building permit.
  6. A vested property right shall attach to and run with the applicable property and shall confer upon the applicant the right to undertake and complete the development and use such property under the terms and conditions of a development plan, including any amendments thereto or under the terms and conditions of any building permit that has been issued with respect to the property.
  7. As used in this section:
    1. “Applicant” means a landowner or developer who is responsible for filing with the local government an application for a building permit, a development plan or application for a permit requisite to a development plan, or the representatives, assigns, successors, transferees, heirs or agents of such landowner or developer;
    2. “Construction” means the erection of construction materials in a permanent position and fastened in a permanent manner. Where excavation, demolition or removal of an existing building has been substantially begun prior to rebuilding, such excavation, demolition or removal shall be deemed to be construction; provided, that work shall be carried on diligently and complies with all applicable requirements;
    3. “Development plan” means both a preliminary development plan and a final development plan;
    4. “Development standards”:
      1. Means all locally adopted or enforced standards, regulations or guidelines applicable to the development of property, including, but not limited to, planning; local storm water requirements, layout, design; local construction standards for buildings, streets, alleys, curbs, sidewalks; zoning as provided for in subsection (g); lot size; lot configuration; yard dimensions; and off-site improvements, including public or private infrastructure, in which an applicant may acquire vested rights or vested property rights according to this section; and
      2. Does not include standards required by federal or state law; or building construction safety standards which are adopted pursuant to authority granted under § 68-120-101;
      1. “Final development plan” means a plan which has been submitted by an applicant and approved by a local government describing with reasonable certainty the type and intensity of use for a specific parcel or parcels of property. Such plan may be in the form of, but not be limited to, any of the following plans or approvals:
        1. A planned unit development plan;
        2. A subdivision plat;
        3. General development plan;
        4. Subdivision infrastructure construction plan;
        5. Final engineered site plan; or
        6. Any other land-use approval designation as may be utilized by a local government;
      2. Unless otherwise expressly provided by the local government, such a plan shall include the boundaries of the site; significant topographical and other natural features affecting development of the site; the location on the site of the proposed buildings, structures, and other improvements; the dimensions, including height, of the proposed buildings and other structures or a building envelope; and the location of all existing and proposed infrastructure on the site, including water, sewer, roads, and pedestrian walkways. A variance shall not constitute a final development plan, and approval of a final development plan with the condition that a variance be obtained shall not confer a vested property right unless and until the necessary variance is obtained. Neither a sketch plan nor any other document which fails to describe with reasonable certainty the type of use, the intensity of use, and the ability to be served with essential utilities and road infrastructure for a specified parcel or parcels of property may constitute a final development plan;
    5. “Preliminary development plan” means a plan which has been submitted by an applicant and that depicts a single-phased or multi-phased planned development typically used to facilitate initial public feedback and secure preliminary approvals from local governments. Examples of information found on development plans include proposed land uses, density and intensity of development, public utilities, road networks, general location of off-street parking, building location, number of buildable lots, emergency access, open space, and other environmentally sensitive areas such as lakes, streams, hillsides, and view sheds. An approved preliminary development plan serves as a guide for all future improvements within defined boundaries; and
    6. “Site preparation” means excavating, grading, demolition, removing excess debris to allow for proper grading, or providing a surface for a proper foundation, drainage, and settling for a development project, and physical improvements including, but not limited to, water and sanitary sewer lines, footings, or foundations installed on the site for which construction permits are required.

Acts 2010, ch. 634, § 1; 2014, ch. 686, § 1.

Compiler's Notes. For the Preamble to the act concerning the need to ensure stability and fairness  in the land development process and the enactment of the Vested Property Rights Act of 2014, see Acts 2014, ch. 686.

NOTES TO DECISIONS

1. Impact Fees.

Impact fee is different than the class of standards, regulations or guidelines enumerated in T.C.A. § 13-3-413; therefore, the General Assembly did not intend for the non-exhaustive list of terms in the statutory definition of development standards to include payment of an impact fee. Home Builders Ass'n of Middle Tenn. v. Williamson Cty., — S.W.3d —, 2020 Tenn. App. LEXIS 109 (Tenn. Ct. App. Mar. 13, 2020).

Impact fee did not exceed the authority granted to the county and T.C.A. § 13-3-413 did not apply because the fee did not constitute a development standard; the fee satisfied both prongs of the dual rational nexus test and constituted an authorized fee, not an unauthorized tax. Home Builders Ass'n of Middle Tenn. v. Williamson Cty., — S.W.3d —, 2020 Tenn. App. LEXIS 109 (Tenn. Ct. App. Mar. 13, 2020).

Part 5
Movement of Single Family Residences

13-3-501. “Developed area of single family residences” defined.

As used in this part, “developed area of single family residences” means an area generally referred to as a subdivision as indicated on a plat filed in the register of deeds office.

Acts 2007, ch. 246, § 2.

13-3-502. Requirements for moving single family residence from one foundation to another.

  1. No single family residence shall be moved from an existing foundation to another foundation located within a developed area of single family residences unless:
    1. The residence to be moved is consistent with the age, value, size and appearance of existing residences within the developed area of single family residences to which the single family residence is to be moved; provided, that the value of the house may be greater than that of the existing residences and the size of the house may be larger than that of the existing residences; and
    2. Approval for the movement of the single family residence to a foundation within a developed area of single family residences has been given by:
      1. The home owners' association of the development where the residence is to be moved, if a home owners' association is in existence;
      2. A neighborhood association where the residence is to be moved that has been in existence for more than one (1) year prior to the date the residence is to be moved, if a neighborhood association is in existence in the area;
      3. The regional planning commission, if a regional planning commission is in existence in the area where the residence is to be moved, and subdivision (a)(2)(A) or (a)(2)(B) does not apply;
      4. The municipal planning commission, if a municipal planning commission is in existence in the municipality where the residence is to be moved and subdivision (a)(2)(A), (a)(2)(B) or (a)(2)(C) does not apply; or
      5. The municipal or county legislative body in the jurisdiction where the residence is to be moved, and subdivision (a)(2)(A), (a)(2)(B), (a)(2)(C) or (a)(2)(D) does not apply.
  2. As used in this section, “single family residence” does not include manufactured or modular homes as manufactured or modular homes are defined in § 47-9-102, § 55-1-105, or title 68, chapter 126.

Acts 2007, ch. 246, § 3; 2008, ch. 860, § 1.

13-3-503. Consistency of residence with age, value, size and appearance of existing residences.

The residence is consistent with:

  1. The age of existing residences within the developed area of single family residences, if the residence to be moved is within ten (10) years of the average age of the existing structures within the developed area;
    1. The value of existing residences within the developed area of single family residences, if the valuation of the residence being moved appraised, prior to being moved, at a value that is at least equal to the average appraisal of the existing structures within the developed area; provided, that nothing in this subdivision (2) shall be construed to prevent the residence from exceeding the value of the existing structures. In establishing the value of existing structures, the value of modular homes located in the developed area shall not be used in arriving at the average appraisal of the existing structures;
    2. If the value of the residence, prior to being moved, appraised at a value that is at least equal to the average appraisal of the existing structures within the developed area, then it shall be presumed that the residence shall appraise at least at the same or greater value once it is moved;
    3. In obtaining approval from a governing body identified in § 13-3-502, as proof that the value of the residence or appearance of the residence is consistent with the value or appearance of the existing residences, evidence may be presented that includes photographs of the inside and outside of the residence to be moved as well as the appraised value of the residence as determined by the assessor of property, or the fair market value of the residence as determined by an independent appraiser. The proof shall be a rebuttable presumption that the value and appearance of the residence is at least equal to the value and appearance of the existing structures within the developed area. Additional documents showing intended improvements may also be presented;
  2. The size of existing residences within the developed area of single family residences, if the size of the residence being moved is at least within one hundred square feet (100 sq. ft.) of the average size of the existing structures within the developed area; provided, that nothing in this subdivision (3) shall be construed to prevent the residence from exceeding the average square footage. In establishing the average size of existing structures, the square footage of modular homes shall not be used in making the calculations; and
  3. The appearance of existing residences within the developed area of single family residences as determined by the body giving its approval for the single family residence to be moved to the developed area.

Acts 2007, ch. 246, § 4; 2008, ch. 860, § 2.

13-3-504. Structural improvements — Timeframe requirements — Penalties.

All structural improvements that will affect the value and appearance of a residence moved to a developed area of single family residences shall be made to the residence within one (1) year of being moved into the area. If within one (1) year of that date, improvements have not been completed on the residence at least equal to the average standards in the developed area, the residence shall be deemed to be in violation of the local government building codes, and penalties associated with the violations may begin to accrue in accordance with all relevant local building codes and ordinances adopted and in effect in the local jurisdiction where the residence is located.

Acts 2008, ch. 860, § 3.

Chapter 4
Municipal Planning

Part 1
Municipal Planning Commission

13-4-101. Creation of planning commission — Compensation — Appointment of members — Term of office — Vacancies — Training and continuing education.

    1. The chief legislative body of any municipality, whether designated board of aldermen, board of commissioners or by other title, may create and establish a municipal planning commission. Such planning commission shall consist of not less than five (5) members and not more than ten (10) members, the number of members within the limits to be determined by the chief legislative body. One (1) of the members shall be the mayor of the municipality or a person designated by the mayor and one (1) of the members shall be a member of the chief legislative body of the municipality selected by that body. All other members shall be appointed by such mayor, except as otherwise provided in subsection (b). In making such appointments, the mayor shall strive to ensure that the racial composition of the planning commission is at least proportionately reflective of the municipality's racial minority population. The chief legislative body may determine whether, and in what amount, to compensate members of the planning commission. Any such compensation authorized is in addition to any other compensation received from the municipality. The compensation authorized by this section does not apply to members of a planning commission who also serve as members of a board of zoning appeals. The compensation authorized by this section may not be counted against a salary limitation established by charter or otherwise. The terms of appointive members shall be of such length as may be specified by the chief legislative body; provided, that they shall be so arranged that the term of one (1) member will expire each year. Any vacancy in an appointed membership shall be filled for the unexpired term by the mayor of the municipality, who shall also have authority to remove any appointed member at the mayor's pleasure.
    2. Notwithstanding subdivision (a)(1), any member of a planning commission created by a municipality incorporated under a private act and having a population of not less than seven thousand four hundred (7,400) nor more than seven thousand five hundred (7,500), according to the 2000 federal census or any subsequent federal census, shall be appointed by a majority vote of the legislative body of the municipality.
  1. All appointive members of the municipal planning commission created pursuant to subsection (a) in any municipality incorporated pursuant to title 6, chapter 18, having a population of not less than one thousand six hundred twenty-five (1,625) nor more than one thousand six hundred thirty-five (1,635) which lies within a county having a population of not less than thirty-four thousand four hundred (34,400) nor more than thirty-four thousand five hundred (34,500), both according to the 1970 federal census or any subsequent federal census, or in any municipality having a population of not less than twenty-three thousand nine hundred (23,900) nor more than twenty-four thousand (24,000), according to the 2000 federal census or any subsequent federal census, shall be appointed only by the chief legislative body of the municipality, and likewise any vacancy in an appointive membership shall be filled for the unexpired term only by the chief legislative body of the municipality, which shall also have the authority to remove any appointive member at its pleasure. In making such appointments, the chief legislative body shall strive to ensure that the racial composition of the planning commission is at least proportionately reflective of the municipality's racial minority population. Except as modified by this subsection (b), the provisions of subsection (a) shall remain in force.
    1. Each planning commissioner shall, within one (1) year of initial appointment and each calendar year thereafter, attend a minimum of four (4) hours of training and continuing education in one (1) or more of the subjects listed in subdivision (c)(5).
    2. Each full-time or contract professional planner or other administrative official whose duties include advising the planning commission shall, each calendar year, attend a minimum of eight (8) hours of training and continuing education in one (1) or more of the subjects listed in subdivision (c)(5). A professional planner who is a member of the American Institute of Certified Planners (AICP) shall be exempt from this requirement.
    3. Each of the individuals listed in subdivisions (c)(1) and (2) shall certify by December 31 of each calendar year such individual's attendance by a written statement filed with the secretary of such individual's respective planning commission. Each statement shall identify the date of each program attended, its subject matter, location, sponsors, and the time spent in each program. A professional planner who is a member of the AICP shall be exempt from this requirement.
    4. The legislative body of the municipality shall be responsible for paying the training and continuing education course registration and travel expenses for each planning commissioner and full-time professional planner or other administrative official whose duties include advising the planning commission.
    5. The subjects for the training and continuing education required by subdivisions (c)(1) and (2) shall include, but not be limited to, the following: land use planning; zoning; flood plain management; transportation; community facilities; ethics; public utilities; wireless telecommunications facilities; parliamentary procedure; public hearing procedure; land use law; natural resources and agricultural land conservation; economic development; housing; public buildings; land subdivision; and powers and duties of the planning commission. Other topics reasonably related to the duties of planning commission members or professional planners or other administrative officials whose duties include advising the planning commission may be approved by majority vote of the planning commission prior to December 31 of the year for which credit is sought.
    6. Each local planning commission shall keep in its official public record originals of all statements and the written documentation of attendance required to comply with these provisions for three (3) years after the calendar year in which each statement and appurtenant written documentation is filed.
    7. Each planning commissioner and each professional planner or other administrative official whose duties include advising the planning commission shall be responsible for obtaining written documentation signed by a representative of the sponsor of any continuing education course for which credit is claimed, acknowledging the fact that the individual attended the program for which credit is claimed. A member of the AICP shall be exempt from this requirement.
    8. If a planning commissioner fails to complete the requisite number of hours of training and continuing education within the time allotted by this subsection (c) or fails to file the statement required by this subsection (c), then this shall constitute a cause for the removal of the planning commission member from the planning commission.
    9. The legislative body of the municipality may, at any time, opt out of this subsection (c) by passage of an ordinance. Further any such legislative body that has opted out may, at a later date, opt in by passage of an ordinance.

Acts 1935, ch. 34, § 1; C. Supp. 1950, § 3493.1; T.C.A. (orig. ed.), § 13-501; Acts 1981, ch. 222, §§ 1-3; 1987, ch. 406, §§ 1, 2; 1994, ch. 611, § 1; 1996, ch. 977, §§ 2, 3; 2002, ch. 862, § 4; 2008, ch. 734, § 1; 2008, ch. 1150, § 16; 2009, ch. 47, §§ 7-9.

Compiler's Notes. Acts 1986, ch. 820 contained the Municipal Development Authority Act of 1986 containing an alternative method of municipal planning; however, this act was amended to be eventually applicable only to Johnson City and is listed in the Uncodified Public Acts Index.

For tables of population of Tennessee municipalities, and for U.S. decennial populations of Tennessee counties, see Volume 13 and its supplement.

Acts 2002, ch. 862, § 1 provided that the act shall be known and may be cited as the “Planning Commission and Board of Zoning Appeals Training and Continuing Education Act of 2002.”

Cross-References. Local regulation of junkyards, § 54-20-122.

Open space, agricultural and forest land preservation, commission duties, §§ 11-15-107, 11-15-108, 67-5-1007.

Utility location, title 13, ch. 24, part 3.

Zoning regulations in metropolitan governments, § 7-3-304.

Textbooks. Tennessee Jurisprudence, 21 Tenn. Juris., Public Service Commissions, § 3; 25 Tenn. Juris., Water Companies and Waterworks, § 3.

Attorney General Opinions. Regional planning commission's authority in urban growth areas.  OAG 13-31, 2013 Tenn. AG LEXIS 32 (4/18/13).

NOTES TO DECISIONS

1. Board Without Legislative Powers.

A board of this kind, being an administrative agency, does not have legislative powers and may not review or amend legislatively enacted rules as to uses or amend ordinances under the guise of a variance. Fiser v. Knoxville, 584 S.W.2d 659, 1979 Tenn. App. LEXIS 314 (Tenn. Ct. App. 1979).

2. Personal Motives.

The court will not look into personal motives when denial of a rezoning request was reasonable and within the council's legislative discretion. Fiser v. Knoxville, 584 S.W.2d 659, 1979 Tenn. App. LEXIS 314 (Tenn. Ct. App. 1979).

13-4-102. Organization of commission — Rules — Staff — Finances.

Each municipal planning commission shall elect its chair from among its appointed members. The term of the chair shall be one (1) year with eligibility for reelection. Each municipal planning commission shall adopt rules for the transaction of business which shall include, but not be limited to, the selection of additional officers from among its members it deems appropriate to fulfill the organizational needs of the municipal planning commission, the requirements for the municipal planning commission to make findings of fact, statements of material evidence and reasons for its actions as part of each motion or action of the municipal planning commission and the keeping of a record of its resolutions, transactions, motions, actions, and determinations which shall be a public record. Any existing provision relating to the appointment of a planning director contained in any municipal, city or town charter or private act must be used in appointing a planning director. In the absence of such a provision, the chief executive officer of the municipality shall have the power to appoint and fix the compensation, within the funds appropriated by the legislative body for this purpose, of a planning director, who shall be qualified by membership in the American Institute of Certified Planners (AICP), experienced in city, regional or state planning or educated in a related academic field. Any person serving as a planning director on March 31, 2010, shall not be required to meet the aforementioned qualifications. For purposes of this section, “chief executive officer” shall mean city manager or administrator, where one exists. In the absence of a city manager or administrator, “chief executive officer” shall mean mayor. Where allowed under the prevailing local authority, the planning director shall have the power and authority to hire and fix the compensation, within the funds appropriated by the legislative body for this purpose, of such other employees and staff as the director may deem necessary for the work of the planning commission. Where allowed under the prevailing local authority, the municipal planning commission may also contract, within funds appropriated by the legislative body for this purpose, with planners or other experts for such services as it may require. In the absence of such authority, only the municipality may contract for such services. The appropriate financial official of the municipality, city or town, within the funds appropriated by the legislative body for this purpose, will disperse funds for the salary or salaries of the planning director and staff and the operational expenses of the planning office and the contracted services of planners or other experts retained to provide assistance to and studies, plans, reviews and reports for the municipal planning commission. The municipal planning commission may also, through the legislative body, receive and expend funds from grants, gifts, contracts, fees, and appropriations from federal, state, other local governments or private sources for the purpose of carrying on its planning functions.

Acts 1935, ch. 34, § 2; C. Supp. 1950, § 3493.2; T.C.A. (orig. ed.), § 13-502; Acts 2010, ch. 701, § 1.

13-4-103. Powers of commission to promote municipal planning.

The commission may make reports and recommendations relating to the plan and development of the municipality to public officials and agencies, public utility companies, to civic, educational, professional and other organizations and to citizens. It may recommend to the executive or legislative officials of the municipality programs for public improvements and the financing for such programs. All public officials shall, upon request, furnish to the commission, within a reasonable time, such available information as it may require for its work. The commission, its members and employees, in the performance of its work, may enter upon any land and make examinations and surveys and place and maintain necessary monuments and marks on such land. In general, the commission shall have powers as may be necessary to enable it to perform its purposes and promote municipal planning.

Acts 1935, ch. 34, § 6; C. Supp. 1950, § 3493.6; T.C.A. (orig. ed.), § 13-506.

Attorney General Opinions. Sale of land by a city to a private entity, OAG 07-030, 2007 Tenn. AG LEXIS 29 (3/15/07).

13-4-104. Submission of proposed construction to commission — Approval — Failure to approve — Overruling nonapproval.

Whenever the commission shall have adopted the plan of the municipality or any part thereof, then and thenceforth no street, park or other public way, ground, place or space, no public building or structure, or no public utility, whether publicly or privately owned, shall be constructed or authorized in the municipality until and unless the location and extent thereof shall have been submitted to and approved by the planning commission; provided, that in case of disapproval, the commission shall communicate its reasons to the chief legislative body of the municipality, and such legislative body, by a vote of a majority of its membership, shall have the power to overrule such disapproval and, upon such overruling, such legislative body shall have the power to proceed; provided, that if the public way, ground, place, space, building, structure or utility be one the authorization or financing of which does not, under the law governing the same, fall within the province of such legislative body, then the submission to the planning commission shall be by the state, county, district, municipal or other board or official having such jurisdiction, and the planning commission's disapproval may be overruled by such board by a majority vote of its membership, or by such official. The widening, narrowing, relocation, vacation, change in the use, acceptance, acquisition, sale or lease of any street or public way, ground, place, property or structure shall be subject to similar submission and approval, and the failure to approve may be similarly overruled. The failure of the commission to act within thirty (30) days from and after the date of official submission to it shall be deemed approval, unless a longer period be granted by such chief legislative body or other submitting board or official.

Acts 1935, ch. 34, § 7; C. Supp. 1950, § 3493.7; T.C.A. (orig. ed.), § 13-507.

Cross-References. Submission of subdivision plats to commission, § 13-4-302.

NOTES TO DECISIONS

1. Powers of Board of Zoning Appeals.

A board of zoning appeals does not have the authority to review a planning commission's decisions made pursuant to this section. Whittemore v. Brentwood Planning Com., 835 S.W.2d 11, 1992 Tenn. App. LEXIS 171 (Tenn. Ct. App. 1992), rehearing denied, — S.W.2d —, 1992 Tenn. App. LEXIS 216 (Tenn. Ct. App. Mar. 4, 1992).

Neither T.C.A. § 13-7-206 nor § 13-7-207 granted a board of zoning appeals authority to review a planning commission decision concerning site plan approval where the decision to approve was not made under authority of zoning ordinance, but was based upon an independent grant of authority in this section. Whittemore v. Brentwood Planning Com., 835 S.W.2d 11, 1992 Tenn. App. LEXIS 171 (Tenn. Ct. App. 1992), rehearing denied, — S.W.2d —, 1992 Tenn. App. LEXIS 216 (Tenn. Ct. App. Mar. 4, 1992).

2. Appellate Jurisdiction.

Lack of express review language contained in T.C.A. § 13-4-104 was not fatal to the trial court's jurisdiction over a petition for writ of certiorari challenging a planning commission's approval of a utility project where T.C.A. § 27-9-101 contemplated writ of certiorari review where review was not expressly provided for otherwise by statute. ISI Holdings of TN, LLC v. Mount Pleasant Reg'l Planning Comm'n, — S.W.3d —, (Tenn. Ct. App. Sept. 12, 2017).

13-4-105. Municipal planning commissions under special statutes — Force and effect.

Nothing contained in parts 1 and 2 of this chapter shall be deemed to modify or supplant any provision of any special or private statute providing for a municipal planning commission, and the provisions of any such statute relating to the organization and powers of such commission and all other provisions of any such special or private statutes shall remain in full force and effect, but, insofar as parts 1 and 2 of this chapter grant powers to municipal planning commissions not contained in such special statute, the planning commission created and acting under the special statute shall be deemed to have the additional powers granted in parts 1 and 2 of this chapter; provided, that § 13-4-104, regarding the legal status of the municipal plan, shall apply to every municipality with a planning commission, whether such commission shall have been established under a special or private act or under this chapter.

Acts 1935, ch. 34, § 8; C. Supp. 1950, § 3493.8; T.C.A. (orig. ed.), § 13-508.

Part 2
Municipal Plan

13-4-201. General plan for physical development.

It is the function and duty of the commission to make and adopt an official general plan for the physical development of the municipality, including any area outside of its boundaries which, in the commission's judgment, bears relation to the planning of the municipality. The plan, with the accompanying maps, plats, charts, and descriptive and explanatory matter, shall show the commission's recommendations for the physical development of the area of the municipal planning jurisdiction and identify areas where there are inadequate or nonexistent publicly or privately owned and maintained services and facilities when the planning commission has determined the services are necessary in order for development to occur, and may include, among other things, the general location, character and extent of streets, bridges, viaducts, parks, parkways, waterways, waterfronts, playgrounds, airports and other public ways, grounds, places and spaces, the general location of public buildings and other public property, the general location and extent of public utilities and terminals, whether publicly or privately owned, for water, light, power, sanitation, transportation, communication and other purposes; also the removal, relocation, widening, extension, narrowing, vacating, abandonment, change of use or extension of any of the foregoing public ways, grounds, places, spaces, buildings, properties or utilities; also a zoning plan for the regulation of the height, area, bulk, location and use of private and public structures and premises and of population density; also the general location, character, layout and extent of community centers and neighborhood units; also the general location, character, extent and layout of the replanning of blighted districts and slum areas. The commission may from time to time amend, extend or add to the plan or carry any part of subject matter into greater detail.

Acts 1935, ch. 34, § 3; C. Supp. 1950, § 3493.3; T.C.A. (orig. ed.), § 13-503; Acts 2008, ch. 1150, § 6.

Cross-References. Adoption of regional plan before municipality affected, § 13-3-301.

Adoption of regional plan upon certification, § 13-3-304.

Local regulation of junkyards, § 54-20-122.

Zoning regulations in metropolitan governments, § 7-3-304.

13-4-202. Adoption of plan — Manner.

  1. The commission may adopt the plan as a whole by a single resolution, or, as the work of making the whole plan progresses, may from time to time adopt a part or parts thereof, any such part to correspond generally with one (1) or more of the functional subdivisions of the subject matter of the plan. Prior to the adoption of the plan or any part or parts of the plan by the commission, the commission shall hold a public hearing thereon, the time and place of which shall be published in a newspaper of general circulation in the municipality at least thirty (30) days prior to the meeting in which the adoption is to be first considered. The adoption of the plan or any part, amendment or addition shall be by resolution carried by the affirmative votes of not less than a majority of all the members of the commission. The resolution shall refer expressly to the maps, descriptive matter and other matters intended by the commission to form the whole or part of the plan, and the action taken shall be recorded on the adopted plan or part thereof and descriptive matter by the identifying signature of the secretary of the commission, and a copy of the plan or part thereof shall be certified to the chief legislative body.
  2. Once the commission has adopted the general plan or amendment of the general plan for the planning jurisdiction of the commission, the commission's transmittal of the certification to the legislative body may simultaneously include a resolution by the planning commission requesting the consideration and adoption of the general plan by the legislative body of the municipality and in the case of a municipal regional planning commission by the county legislative body for the area outside the municipal boundary limits but within the county. The municipal legislative body, by ordinance, may adopt the general plan as certified by the planning commission and the county legislative body by resolution may adopt the elements of the plan within the jurisdiction of the county legislative body as certified by the planning commission. Once adopted by the legislative body, the general regional plan may be amended by a vote as follows:
      1. Except as provided in subdivision (b)(1)(B), the planning commission may initiate an amendment to the general plan. If the planning commission votes to adopt an amendment to the general plan, the planning commission shall transmit its action to the legislative body and the legislative body must pass the amendment by a majority vote in order for the amendment to be operative;
        1. If the planning commission initiates and votes to adopt an amendment to the general plan, the amendment shall be operative without further action of the legislative body. The planning commission shall transmit its action to the legislative body;
        2. Subdivision (b)(1)(B)(i) shall only apply in any county having a population, according to the 2000 federal census or any subsequent federal census, of:

        not less than  nor more than

        7,200 7,300

        7,975 8,025

        12,800 12,900

        17,400 17,450

        17,700 17,775

        20,300 20,400

        88,800 88,900

      1. The general regional plan may be amended upon the initiative of the legislative body. The initiative must be transmitted, in writing, to the planning commission for its review, consideration and vote. The planning commission must take action on the amendment and transmit its action to the legislative body within sixty-one (61) days of the submittal of the amendment to the planning commission by the legislative body;
      2. Except as provided in subdivision (b)(2)(C), if the planning commission votes to approve or not approve the amendment or transmits the amendment back to the legislative body with no recommendation, the legislative body must then approve the amendment by a majority vote;
      3. not less than  nor more than

        7,200 7,300

        7,975 8,025

        12,800 12,900

        17,400 17,450

        17,700 17,775

        20,300 20,400

        88,800 88,900

        1. If the municipal planning commission created by a municipality votes to approve the amendment, the amendment shall be operative without further action of the legislative body. If the municipal planning commission votes to not approve the amendment or to make no recommendation on the amendment, the amendment shall not be operative. The municipal planning commission shall transmit its action back to the legislative body and provide a written explanation for its reasons in not approving the amendment or for not making a recommendation on the initiative transmitted to the commission by the legislative body;
        2. Subdivision (b)(2)(C)(i) shall only apply to a municipality located in any county having a population, according to the 2000 federal census or any subsequent federal census, of:
        3. Prior to the adoption of the general plan or amendment of the general plan, a legislative body shall hold a public hearing thereon, the time and place of which shall be published in a newspaper of general circulation in the municipality at least thirty (30) days prior to the legislative body's meeting in which the adoption or amendment is to be first considered. After the adoption of the general plan by a legislative body, any land use decisions thereafter made by that legislative body, the respective planning commission or board of zoning appeals when the board of zoning appeals is exercising its powers on matters other than variances, must be consistent with the plan. The general plan may be adopted as an element of the jurisdiction's growth plan through the process established in title 6, chapter 58, but if the general plan is not adopted as part of the growth plan, it nevertheless cannot be inconsistent with the growth plan or the intent of title 6, chapter 58.

Acts 1935, ch. 34, § 4; C. Supp. 1950, § 3493.4; T.C.A. (orig. ed.), § 13-504; Acts 2008, ch. 1150, §§ 7, 8; 2010, ch. 648, § 2.

Compiler's Notes. For tables of population of Tennessee municipalities, and for U.S. decennial populations of Tennessee counties, see Volume 13 and its supplement.

13-4-203. General purposes of the plan — Surveys and studies.

In the preparation of the plan, the commission shall make careful and comprehensive surveys and studies of the existing conditions and future growth of the municipality and its environs. The plan shall be made with the general purpose of guiding and accomplishing a coordinated, adjusted and harmonious development of the municipality which will, in accordance with existing and future needs, best promote public health, safety, morals, order, convenience, prosperity and the general welfare, as well as efficiency and economy in the process of development, and identify areas where there are inadequate or nonexistent publicly or privately owned and maintained services and facilities when the planning commission has determined the services are necessary in order for development to occur.

Acts 1935, ch. 34, § 5; C. Supp. 1950, § 3493.5; T.C.A. (orig. ed.), § 13-505; Acts 2008, ch. 1150, § 9.

Part 3
Municipal Planning Regulations

13-4-301. Part definitions.

As used in this part, unless the context otherwise requires:

  1. “Chief legislative body” means the chief legislative body of the municipality, whether designated board of aldermen, board of commissioners or by other title;
  2. “Plat” includes plat, plan, plot or replot;
  3. “Street” or “streets” means and includes streets, avenues, boulevards, roads, lanes, alleys and other ways; and
    1. “Subdivision” means, in any county having a population of not less than thirty-two thousand seven hundred (32,700) nor more than thirty-two thousand seven hundred sixty (32,760), according to the 1980 federal census or any subsequent federal census, the division of a tract or parcel of land into two (2) or more lots, sites or other division of less than five (5) acres for the purpose, whether immediate or future, of sale or building development, and includes resubdivision and, when appropriate to the context, relates to the process of subdividing or to the land or area subdivided;
      1. “Subdivision” means, in all counties except those in subdivision (4)(A), the division of a tract or parcel of land into two (2) or more lots, sites, or other divisions requiring new street or utility construction, or any division of less than five (5) acres, for the purpose, whether immediate or future, of sale or building development, and includes resubdivision and when appropriate to the context, relates to the process of resubdividing or to the land or area subdivided;
      2. As used in subdivision (4)(B)(i), “utility construction” does not include the mere extension of individual service pipes or lines for the purpose of directly connecting a single lot, site or other division to existing utility mains.

Acts 1935, ch. 45, § 8; C. Supp. 1950, § 3407.9 (Williams, § 3407.17); Acts 1976, ch. 831, § 1; T.C.A. (orig. ed.), § 13-601; Acts 1984, ch. 961, §§ 2-4; 1985, ch. 149, §§ 2, 3; 1986, ch. 679, § 1; 1988, ch. 597, § 2; 2008, ch. 746, § 2.

Compiler's Notes. For table of U.S. decennial populations of Tennessee counties, see Volume 13 and its supplement.

Cross-References. Local regulation of junkyards, § 54-20-122.

“Subdivision” defined for regional planning regulation purposes, § 13-3-401.

Zoning regulations in metropolitan governments, § 7-3-304.

NOTES TO DECISIONS

1. Jurisdiction over Subdivision Approvals.

Where local agency vested with exclusive authority over subdivision approvals had not received a formal application for subdivision approval from defendant-developer, plaintiff-homeowners' association's claim that property was unsuitable for development and request for injunctive relief from trial court was premature and presented to the wrong forum. West Meade Homeowners Ass'n v. WPMC, Inc., 788 S.W.2d 365, 1989 Tenn. App. LEXIS 849 (Tenn. Ct. App. 1989), appeal denied, — S.W.2d —, 1990 Tenn. LEXIS 473 (Tenn. 1990).

2. Notice.

Due process does not require that a planning commission give notice to landowners who may be affected by a development before an actual plan for development has been submitted. West Meade Homeowners Ass'n v. WPMC, Inc., 788 S.W.2d 365, 1989 Tenn. App. LEXIS 849 (Tenn. Ct. App. 1989), appeal denied, — S.W.2d —, 1990 Tenn. LEXIS 473 (Tenn. 1990).

3. “Subdivision.”

Proposed flag development with a private driveway/street easement through which all lots are reached amounted to a “subdivision” as defined by this section. Thompson v. Department of Codes Admin., 20 S.W.3d 654, 1999 Tenn. App. LEXIS 599 (Tenn. Ct. App. 1999), rehearing denied, — S.W.3d —, 1999 Tenn. App. LEXIS 807 (Tenn. Ct. App. Dec. 3, 1999).

Divisions of land which fall within this section's definition of “subdivision” must be submitted to the metropolitan planning commission for approval. Thompson v. Department of Codes Admin., 20 S.W.3d 654, 1999 Tenn. App. LEXIS 599 (Tenn. Ct. App. 1999), rehearing denied, — S.W.3d —, 1999 Tenn. App. LEXIS 807 (Tenn. Ct. App. Dec. 3, 1999).

13-4-302. Submission of subdivision plats to commission for approval — Filing and recording.

  1. From and after the time when the planning commission of any municipality shall have adopted a master plan which includes at least a major street plan, or shall have progressed in its master planning to the stage of the making and adoption of a major street plan, and shall have filed a certified copy of such major street plan in the office of the county register of the county in which the municipality is located, no plat of a subdivision of land lying within the municipality shall be filed or recorded until it shall have been submitted to and approved by the planning commission and such approval entered in writing on the plat by the secretary of the commission or by another designee of the planning commission; provided, that if the plat of subdivision divides the tract into no more than two (2) lots, then the approval may be endorsed in writing on the plat by the secretary of the commission or by another designee of the planning commission without the approval of the municipal planning commission, upon certification by the planning staff of the municipal planning commission that the subdivision complies with such regulations governing a subdivision of land as have been adopted by the municipal planning commission pursuant to § 13-4-303; and provided further, that no request for variance from such regulations has been requested.
  2. No plat shall be submitted to or approved by the planning commission unless it is submitted by the owner of the property to be subdivided by the plat, or a governmental entity. “Owner,” for purposes of this section, means the legal or beneficial owner or owners of all the land proposed to be included in the proposed subdivision or the holder of a written option or contract to purchase the land, or the attorney or authorized representative of any of the aforementioned.
  3. No county register shall file or record a plat of a subdivision of land, or an amendment, modification, or correction to a recorded plat of a subdivision, within the municipality without the approval of the planning commission as required by this part. Notwithstanding  this subsection (c), an easement or survey attached to an easement granted to the state, a county, municipality, metropolitan government, or entity of the state, county, municipality or metropolitan government, shall not constitute an amendment, modification, or correction or a recorded plat of a subdivision.

Acts 1935, ch. 45, § 1; C. Supp. 1950, § 3407.10; T.C.A. (orig. ed.), § 13-602; Acts 1988, ch. 554, § 2; 1989, ch. 591, § 113; 2002, ch. 593, § 1; 2004, ch. 576, § 3; 2006, ch. 644, §§ 2, 4, 6; 2010, ch. 625, § 1.

Cross-References. Adoption of plan, § 13-4-202.

Cooperative planning agreements, title 54, ch. 18, part 1.

General plan for physical development, § 13-4-201.

Plans for street and highway systems, title 54, ch. 18, part 2.

Regional planning commission platting authority — Standardizing lots — Recording plat by county register, § 13-3-402.

NOTES TO DECISIONS

1. Jurisdiction over Subdivision Approvals.

Where local agency vested with exclusive authority over subdivision approvals had not received a formal application for subdivision approval from defendant-developer, plaintiff-homeowners' association's claim that property was unsuitable for development and request for injunctive relief from trial court was premature and presented to the wrong forum. West Meade Homeowners Ass'n v. WPMC, Inc., 788 S.W.2d 365, 1989 Tenn. App. LEXIS 849 (Tenn. Ct. App. 1989), appeal denied, — S.W.2d —, 1990 Tenn. LEXIS 473 (Tenn. 1990).

Divisions of land which fall within the definition of “subdivision”, as defined in T.C.A. § 13-4-301, must be submitted to the metropolitan planning commission for approval. Thompson v. Department of Codes Admin., 20 S.W.3d 654, 1999 Tenn. App. LEXIS 599 (Tenn. Ct. App. 1999), rehearing denied, — S.W.3d —, 1999 Tenn. App. LEXIS 807 (Tenn. Ct. App. Dec. 3, 1999).

2. Notice.

Due process does not require that a planning commission give notice to landowners who may be affected by a development before an actual plan for development has been submitted. West Meade Homeowners Ass'n v. WPMC, Inc., 788 S.W.2d 365, 1989 Tenn. App. LEXIS 849 (Tenn. Ct. App. 1989), appeal denied, — S.W.2d —, 1990 Tenn. LEXIS 473 (Tenn. 1990).

13-4-303. Subdivision regulations — Adoption.

  1. In exercising the powers granted to it by this part, the planning commission shall adopt regulations governing the subdivision of land within the municipality. Such regulations may provide for the harmonious development of the municipality and its environs, for the coordination of streets within subdivisions with other existing or planned streets or with the plan of the municipality or of the region in which the municipality is located, for adequate open spaces for traffic, recreation, light and air, and for a distribution of population and traffic which will tend to create conditions favorable to health, safety, convenience and prosperity, and identify areas where there are inadequate or nonexistent publicly or privately owned and maintained services and facilities when the planning commission has determined the services are necessary in order for development to occur.
    1. As a condition precedent to the final approval of the plat, the regulations may include infrastructure improvement requirements as to the extent to which and the manner in which:
      1. Roads are constructed and improved;
      2. Water, sewer, and other utility mains, piping, and connections are constructed or installed; or
      3. Other infrastructure and facilities are constructed or installed.
    2. The regulations of the planning commission may provide for the preliminary approval of the plat before the infrastructure improvements, but any preliminary approval shall not be entered on the plat.
    3. In lieu of the completion of the infrastructure improvements before the final approval of a subdivision plat, the planning commission may grant final plat approval subject to the submittal and acceptance of a bond, letter of credit, or other method of assurance, in form, in amount, and with conditions and surety satisfactory to the planning commission. The bond, letter of credit, or other method of assurance shall provide for and secure to the public and the local government the actual construction and installation of the infrastructure improvements within a period specified by the municipal planning commission and expressed in the bond, letter of credit, or other method of assurance.
    4. The attorney for the municipality shall enforce any bond, letter of credit, or other method of assurance by all appropriate legal and equitable remedies, and moneys collected on the bond, letter of credit, or other method of assurance shall be paid into the municipality's treasury. Upon the order of the planning commission, the moneys shall be applied to the construction and installation of the infrastructure improvements.
  2. Before adoption of its subdivision regulations or any amendment thereof, a public hearing thereon shall be held by the commission.

Acts 1935, ch. 45, § 2; C. Supp. 1950, § 3407.11; T.C.A. (orig. ed.), § 13-603; Acts 2008, ch. 1150, § 10; 2011, ch. 73, § 2; 2015, ch. 209, § 4.

Law Reviews.

Impact Fees in Tennessee, a Public and Private Partnership (Andrea C. Barach, Jane Pine Wood), 18 Mem. St. U.L. Rev. 685 (1988).

NOTES TO DECISIONS

1. Generally.

T.C.A. § 13-4-303 assigns full responsibility for the process of subdivision regulation, development, application and administration to regional and municipal planning commissions. Thompson v. Department of Codes Admin., 20 S.W.3d 654, 1999 Tenn. App. LEXIS 599 (Tenn. Ct. App. 1999), rehearing denied, — S.W.3d —, 1999 Tenn. App. LEXIS 807 (Tenn. Ct. App. Dec. 3, 1999).

13-4-304. Procedure on submission of plats — Approval or disapproval — Contents — Hearings — Procedure in certain counties.

  1. The commission shall approve or disapprove a plat within sixty (60) days after the initial consideration of the plat by the commission meeting in a regularly scheduled session, unless at the end of the sixty-day period there is a holiday or an unexpected interceding event that would close municipal or county offices and thus affect the normal computation of the sixty-day period, in which case the plat shall be approved or disapproved after the interrupted sixty-day period at the next regularly scheduled meeting of the commission; otherwise, the plat shall be deemed approved and a certificate to that effect shall be issued by the commission on demand. The applicant for the commission's approval may waive the time requirement set in this subsection (a) and consent to an extension or extensions of the applicable time period. When a plat has been filed with the appropriate officials of the planning commission, the plat shall be placed on the agenda of the planning commission within thirty (30) days of the filing or the next regularly scheduled planning commission meeting after the thirty-day period. The applicant may waive the time frame requirement for the appearance of the plat on the agenda.
  2. The ground of disapproval of any plat shall be stated upon the records of the commission.
  3. Any plat submitted to the commission shall contain the name and address of a person to whom notice of hearing shall be sent; and no plat shall be acted upon by the commission without affording a hearing thereon, notice of the time and place of which shall be sent by mail to such address not less than five (5) days before the date fixed for such hearing.
  4. In counties having populations not less than three hundred twenty-five thousand (325,000) nor more than four hundred thousand (400,000), according to the 1990 federal census or any subsequent federal census, in the event the municipal planning commission approves or disapproves a plat after a hearing thereon, the applicant submitting the plat or any person who was a party for or against the plat request at the planning commission hearing shall have the right within thirty (30) days after such approval or disapproval to have the action of the municipal planning commission reviewed by the chief legislative body of the municipality having jurisdiction over zoning matters, who shall by majority vote approve or disapprove the plat. If the plat is approved, the secretary of the regional planning commission shall endorse the plat for recording as prescribed in § 13-3-402. No such plat shall be recorded until after the county court or other legislative body has acted on a request for a review of the action of the planning commission if there is a request within thirty (30) days.

Acts 1935, ch. 45, § 3; C. Supp. 1950, § 3407.12; T.C.A. (orig. ed.), § 13-604; Acts 1973, ch. 402, § 2; 1993, ch. 312, § 1; 2007, ch. 137, § 1; 2009, ch. 34, § 1.

Compiler's Notes. This section was amended by Acts 1973, ch. 402, § 2 with respect to Knox County only.

For table of U.S. decennial populations of Tennessee counties, see Volume 13 and its supplement.

13-4-305. Dedications — Effect of plat approval on status.

The approval of a plat shall not be deemed to constitute or effect an acceptance by the municipality, county or public of the dedication of any street or other ground shown upon the plat.

Acts 1935, ch. 45, § 4; C. Supp. 1950, § 3407.13; T.C.A. (orig. ed.), § 13-605.

Law Reviews.

Real Property — 1962 Tennessee Survey (Thomas G. Roady, Jr.), 16 Vand. L. Rev. 839.

NOTES TO DECISIONS

1. Applicability.

This section was inapplicable to alleged dedication to Memphis where Private Acts 1921, ch. 162, applicable to Memphis, provided that approval would be deemed acceptance. Memphis v. Hood, 208 Tenn. 319, 345 S.W.2d 887, 1961 Tenn. LEXIS 290 (1961).

13-4-306. Transactions prohibited prior to obtaining approval of final subdivision plat — False representations as to construction of roads — Remedies — Requirements for final plat approval.

    1. The owner or the agent of the owner of any land shall not:
      1. Transfer, sell, agree to sell, or negotiate to sell the land by reference to, exhibition of, or by other use of a subdivision plat without first submitting a final subdivision plat to the municipal planning commission and receiving the commission's approval and before the final plat is recorded in the appropriate register's office; or
      2. Falsely represent to a prospective purchaser of the land that roads or streets will be constructed by the municipality or other political subdivision.
    2. The description by metes and bounds in the instrument of transfer or other document used in the sale or transfer does not exempt the transaction from a violation of this subsection (a). The municipality, through the municipal attorney or other official designated by the chief legislative body, may pursue an injunction or other appropriate remedy for a violation of this subsection (a).
  1. The owner or agent of the owner of any land may sell, transfer, or agree to sell any lot or lots shown on a plat only after that plat has been given final plat approval by the planning commission, and after having been granted this final plat approval, the final plat is recorded in the office of the county register. The planning commission may grant final plat approval where the infrastructure improvements such as roads, water, sewer, utilities, other infrastructures, and facilities are not completed and accepted by the appropriate entities. For the planning commission to grant final approval, the owner or agent of the owner of the land to be granted final approval shall post a bond, letter of credit, or other method of assurance in form, in amount, and with conditions and surety satisfactory to the planning commission. The bond, letter of credit, or other method of assurance shall provide for and secure to the public and the municipality the actual construction and installation of the infrastructure improvements within a period specified by the planning commission.
  2. The remedies and penalties provided by this chapter are to be applied exclusively to the owner or agent of the owner. Title to any tract conveyed without compliance with this chapter is not affected by this chapter unless the sale or transfer has been enjoined by a court of competent jurisdiction before the conveyance is recorded in the office of the appropriate county register. While the title to the tract is not affected by this chapter, the tract remains otherwise subject to this chapter.

Acts 1935, ch. 45, § 5; C. Supp. 1950, § 3407.14; T.C.A. (orig. ed.), § 13-606; Acts 1989, ch. 591, § 113; 2015, ch. 209, § 5.

13-4-307. Acceptance of and improvements of unapproved streets.

From and after the time when the platting jurisdiction of any municipal planning commission has attached as provided in § 13-4-302, the municipality shall not, nor shall any public authority, accept, lay out, open, improve, grade, pave, or light any street, or lay or authorize water mains or sewers or connections to be laid in any street within the municipality, unless such street shall have been accepted or opened as or shall have otherwise received the legal status of a public street prior to the attachment of the commission's subdivision jurisdiction, or unless such street corresponds in its location and lines with a street shown on a subdivision plat approved by the planning commission or with a street plat made and adopted by the commission; provided, that the chief legislative body of the municipality may locate and construct or may accept any other street, provided the ordinance or other measure for such location and construction or for such acceptance is first submitted to the planning commission for its approval, and, if disapproved by the commission, be passed by a majority of the entire membership of the legislative body; and a street, approved by the planning commission upon such submission or constructed or accepted by such majority vote after disapproval by the commission, shall have the status of an approved street as fully as though it has been originally shown on a subdivision plat approved by the commission or on a plat made and adopted by the commission.

Acts 1935, ch. 45, § 6; C. Supp. 1950, § 3407.15; T.C.A. (orig. ed.), § 13-607.

13-4-308. Prerequisites to granting building permit or erecting building — Public streets — Easements — Unlawful structures.

    1. From and after the time when the platting jurisdiction of any municipal planning commission has attached as provided in § 13-4-302, no building permit shall be issued and no building shall be erected on any lot within the municipality, unless one (1) of the following circumstances is met:
      1. The street giving access to the lot upon which the building is proposed to be placed has been accepted or opened as, or shall have otherwise received the legal status of, a public street prior to that time;
        1. The street corresponds in its location and lines with a street shown on a subdivision plat approved by the planning commission and recorded in the register of deeds;
        2. Whenever the street or other infrastructure improvements as denoted on the plat have not been completed, there shall be an adequate, valid, and enforceable bond, or an adequate, valid, and enforceable other guarantee for the completion of the improvements, which shall be held by the appropriate officials as provided in § 13-4-303. This subdivision (a)(1)(B)(ii) shall not be construed to require duplicate bonds or to require additional bonds when an adequate bond to complete the infrastructure is already in effect. This subdivision (a)(1)(B)(ii) shall not be construed as requiring a building contractor to post the bond required by § 13-3-403 on the infrastructure for the subdivision if such building contractor is not a developer of the subdivision;
      2. The lot fronts upon a permanent easement which conforms to all rules, regulations and specifications applicable to the permanent easement of the planning commission or other departments, divisions or agencies of the municipality and so long as the permanent easement has access to an existing highway, street, or thoroughfare, or with a street located or accepted by the chief legislative body of the municipality after submission to the planning commission and, in case of the commission's disapproval, by the favorable vote required in § 13-4-307; or
      3. The street corresponds in its location and lines with a street shown on a street plat made and adopted by the commission.
    2. The planning commission or other departments, divisions or agencies of a municipality, as approved by the planning commission, are authorized to adopt regulations to govern proposed permanent easements in proposed subdivisions as defined in § 13-4-301 and shall seek to ensure that the municipality shall not be responsible for future maintenance of such permanent easements.
    3. Any building erected or to be erected in violation of this section shall be deemed an unlawful structure and the building commissioner or solicitor of the municipality or other official designated by the chief legislative body may bring action to enjoin such erection or cause it to be vacated or removed.
  1. A building permit may be issued for a building to be located on a recorded lot of record as of April 21, 1987, which lot fronts on a permanent easement with access to an existing public street or road; provided, that any future subdivision of such lot shall be subject to subsection (a). If the municipality's zoning ordinance establishes a date or procedure by which a lot of record on an easement is recognized as a lot on which a building permit can be issued, then that date or procedure shall prevail over the aforementioned April 21, 1987 date.

Acts 1935, ch. 45, § 7; C. Supp. 1950, § 3407.16; T.C.A. (orig. ed.), § 13-608; Acts 1986, ch. 891, §§ 1-4; 1987, ch. 216, § 1; 1990, ch. 911, § 1; 2014, ch. 914, § 3.

13-4-309. Special or private laws providing for municipal planning commission not repealed.

Nothing contained in this part shall be deemed to modify or supplant any provision of any special or private statute providing for a municipal planning commission; and the provisions of any such statute relating to the organization and powers of such commission and all other provisions of any such special or private statute shall remain in full force and effect; but insofar as this chapter grants powers to municipal planning commissions not contained in such special statute, the planning commission created and acting under such special statute shall be deemed to have the additional powers granted in this chapter.

Acts 1935, ch. 45, § 10; mod. C. Supp. 1950, § 3407.17 (Williams, § 3407.19); T.C.A. (orig. ed.), § 13-609.

Law Reviews.

Real Property — 1962 Tennessee Survey (Thomas G. Roady, Jr.), 16 Vand. L. Rev. 839.

NOTES TO DECISIONS

1. Applicability.

Provision of § 13-4-305 to the effect that approval of plot shall not be deemed to constitute dedication was inapplicable where Private Acts 1921, ch. 162, applicable to Memphis, provided that approval would be deemed acceptance. Memphis v. Hood, 208 Tenn. 319, 345 S.W.2d 887, 1961 Tenn. LEXIS 290 (1961).

13-4-310. Power of municipal planning commission to promulgate provisions for development — Vesting period for development standards as to approved development plans.

  1. A municipal planning commission shall have the power to promulgate provisions in its subdivision regulations and recommend amendments to the zoning ordinance for the establishment of review and approval powers for site plans and the establishment under the zoning provisions for review and approval of planned unit developments, overlay districts, mixed use developments, condominiums and other types of sustainable design and development of property. The provision of well-designed and properly constructed infrastructure within such development is vital to the health, safety and welfare of the public utilizing said development and the community as a whole. These types of developments typically contain infrastructure that may be dedicated to a governmental entity or may be controlled by other types of bodies or nongovernmental entities including, but not limited to, property owner associations. These infrastructure and internal development improvements such as, but not limited to, public and nonpublic roads, water and sewer lines, landscaping, green space, sustainable design features and other improvements as required by the planning commission, either through its subdivision regulation or through the local government's zoning ordinance, shall be subject to bonding or other methods of guaranteeing their installation. The planning commission may set and hold these guaranteeing instruments or may designate to another governmental body that duty and function.
  2. A vested property right shall be established with respect to any property upon the approval, by the local government in which the property is situated, of a preliminary development plan or a final development plan where no preliminary development plan is required by ordinance or regulation or a building permit allowing construction of a building where there was no need for prior approval of a preliminary development plan for the property on which that building will be constructed. During the vesting period described in subsections (c) and (d), the locally adopted development standards which are in effect on the date of approval of a preliminary development plan or the date of approval of a building permit, as described by this subsection (b), shall remain the development standards applicable to that property or building during the vesting period.
  3. Unless an extension is granted by the local government, the vesting period applicable to an approved construction project for which a building permit has been issued shall begin on the date of issuance of the building permit by the local government and shall remain in effect for the time period authorized by the approved building permit, including any approved renewal obtained by the applicant prior to the expiration or termination of the permit to be renewed; provided, that the applicant pursues with reasonable diligence site preparation, if applicable, and construction.
    1. The vesting period applicable to a development plan shall be a period of three (3) years, beginning on the date of the local government's approval of the preliminary development plan; provided, that the applicant obtains local government approval of a final development plan, secures any necessary permits and commences site preparation within the vesting period. If the applicant obtains local government approval of a final development plan, secures any necessary permits, and commences site preparation within the vesting period, then the vesting period shall be extended an additional two (2) years to commence construction from the date of the expiration of the three-year period. During the two-year period, the applicant shall commence construction and maintain any necessary permits to remain vested.
    2. If construction commences during the vesting period, the development standards applicable during the vesting period shall remain in effect until the local government has certified final completion of the development or project; provided, the total vesting period for the project shall not exceed ten (10) years from the date of the approval of the preliminary development plan unless the local government grants an extension pursuant to an ordinance or resolution; provided further, that the applicant maintains any necessary permits during the ten-year period.
    3. In the case of developments which proceed in two (2) or more sections or phases as described in the development plan, there shall be a separate vesting period applicable to each section or phase. The development standards which are in effect on the date of approval of the preliminary development plan for the first section or phase of the development shall remain the development standards applicable to all subsequent sections or phases of the development; provided, that the total vesting period for all phases shall not exceed fifteen (15) years from the date of the approval of the preliminary development plan for the first section or phase unless the local government grants an extension pursuant to an ordinance or resolution; provided further, that the applicant maintains any necessary permits during the fifteen-year period.
  4. A local government may, by ordinance or resolution, specifically identify the type or types of development plans within the local government's jurisdiction that will cause property rights to vest; provided, that regardless of nomenclature used in the ordinance or resolution to describe a development plan, a plan which contains any of the information described in subdivision (k)(5) or (k)(6) shall be considered a development plan that will cause property rights to vest according to this section. Any such ordinance or resolution shall also specify what constitutes approval of a development plan within its jurisdiction. If a local government has not adopted an ordinance or resolution pursuant to this section specifying what constitutes a development plan that would trigger a vested property right, then rights shall vest upon the approval of any plan, plat, drawing, or sketch, however denominated, that is substantially similar to any plan, plat, drawing, or sketch described in subdivision (k)(5) or (k)(6).
    1. During the vesting period described in subsections (c) and (d), the locally adopted development standards which are in effect on the date of approval of a preliminary development plan or the issuance of a building permit, whichever applies, shall remain the development standards applicable to the property described in such preliminary development plan or permit, except such rights shall terminate upon a written determination by the local government under the following circumstances pursuant to subdivision (f)(2):
      1. When the applicant violates the terms and conditions specified in the approved development plan or building permit; provided, that the applicant is given ninety (90) days from the date of notification to cure the violation; provided further, that the local government may, upon a determination that such is in the best interest of the community, grant, in writing, an additional time period to cure the violation;
      2. When the applicant violates any of the terms and conditions specified in the local ordinance or resolution; provided, the applicant is given ninety (90) days from the date of notification to cure the violation; provided further, that the local government may, upon a determination that such is in the best interest of the community, grant, in writing, an additional time period to cure the violation;
      3. Upon a finding by the local government that the applicant intentionally supplied inaccurate information or knowingly made misrepresentations material to the issuance of a building permit or the approval of a development plan or intentionally and knowingly did not construct the development in accordance with the issued building permit or the approved development plan or an approved amendment for the building permit or the development plan; or
      4. Upon the enactment or promulgation of a state or federal law, regulation, rule, policy, corrective action or other governance, regardless of nomenclature, that is required to be enforced by the local government and that precludes development as contemplated in the approved development plan or building permit, unless modifications to the development plan or building permit can be made by the applicant, within ninety (90) days of notification of the new requirement, which will allow the applicant to comply with the new requirement.
    2. A written determination by the local government of the occurrence of any of the circumstances provided in subdivision (f)(1) shall cause the vested property rights to terminate; provided, however, that a local government may allow a property right to remain vested despite such a determined occurrence when a written determination is made that such continuation is in the best interest of the community.
    1. A vested development standard shall not preclude local government enforcement of any development standard when:
      1. The local government obtains the written consent of the applicant or owner;
      2. The local government determines, in writing, that a compelling, countervailing interest exists relating specifically to the development plan or property which is the subject of the building permit that seriously threatens the public health, safety or welfare of the community and the threat cannot be mitigated within a reasonable period of time, as specified in writing by the local government, by the applicant using vested property rights;
      3. Upon the written determination by the local government of the existence of a natural or man-made hazard on or in the immediate vicinity of the subject property, not identified in the development plan or building permit, and which hazard, if uncorrected, would pose a serious threat to the public health, safety, or welfare and the threat cannot be mitigated within a reasonable period of time, as specified in writing by the local government, by the applicant using vested property rights;
      4. A development standard is required by federal or state law, rule, regulation, policy, corrective action, order or other type of governance that is required to be enforced by local governments, regardless of nomenclature; or
      5. A local government is undertaking an action initiated or measure instituted in order to comply with a newly enacted federal or state law, rule, regulation, policy, corrective action, permit, order or other type of governance, regardless of nomenclature.
    2. A vested property right does not preclude, change, amend, alter or impair the authority of a local government to exercise its eminent domain powers as provided by law.
    3. This section shall not preclude, change, amend, alter or impair the authority of a local government to exercise its zoning authority, except a vested property right, once established as provided for in this section, precludes the effect of any zoning action by a local government which would change, alter, impair, prevent, diminish, or otherwise delay the development of the property, while vested, as described in an approved development plan or building permit.
    4. In the event the local government enacts a moratorium on development or construction, the vesting period authorized pursuant to this section shall be tolled during the moratorium period.
    1. An amendment to an approved development plan by the developer must be approved by the local government to retain the protections of the vested property right. An amendment may be denied based upon a written finding by the local government that the amendment:
      1. Alters the proposed use;
      2. Increases the overall area of the development;
      3. Alters the size of any nonresidential structures included in the development plan;
      4. Increases the density of the development so as to affect traffic, noise or other environmental impacts; or
      5. Increases any local government expenditure necessary to implement or sustain the proposed use.
    2. If an amendment is denied by the local government based upon such a written finding, then the applicant may either proceed under the prior approved plan with the associated vested property right or, alternatively, allow the vested property right to terminate and submit a new application under this section. Notwithstanding this subsection (h), a vested property right shall not terminate if the local government determines, in writing, that it is in the best interest of the community to allow the development to proceed under the amended plan without terminating the vested property right.
  5. A local government shall not require an applicant to waive the applicant's vested rights as a condition of approval or as a consideration of approval of a development plan or the issuance of a building permit.
  6. A vested property right shall attach to and run with the applicable property and shall confer upon the applicant the right to undertake and complete the development and use such property under the terms and conditions of a development plan, including any amendments thereto or under the terms and conditions of any building permit that has been issued with respect to the property.
  7. As used in this section:
    1. “Applicant” means a landowner or developer who is responsible for filing with the local government an application for a building permit, a development plan or application for a permit requisite to a development plan, or the representatives, assigns, successors, transferees, heirs or agents of such landowner or developer;
    2. “Construction” means the erection of construction materials in a permanent position and fastened in a permanent manner. Where excavation, demolition or removal of an existing building has been substantially begun prior to rebuilding, such excavation, demolition or removal shall be deemed to be construction; provided, that work shall be carried on diligently and complies with all applicable requirements;
    3. “Development plan” means both a preliminary development plan and a final development plan;
    4. “Development standards”:
      1. Means all locally adopted or enforced standards, regulations or guidelines applicable to the development of property, including, but not limited to, planning; local storm water requirements, layout, design; local construction standards for buildings, streets, alleys, curbs, sidewalks; zoning as provided for in subsection (g); lot size; lot configuration; yard dimensions; and off-site improvements, including public or private infrastructure, in which an applicant may acquire vested rights or vested property rights according to this section; and
      2. Does not include standards required by federal or state law; or building construction safety standards which are adopted pursuant to authority granted under § 68-120-101;
      1. “Final development plan” means a plan which has been submitted by an applicant and approved by a local government describing with reasonable certainty the type and intensity of use for a specific parcel or parcels of property. Such plan may be in the form of, but not be limited to, any of the following plans or approvals:
        1. A planned unit development plan;
        2. A subdivision plat;
        3. General development plan;
        4. Subdivision infrastructure construction plan;
        5. Final engineered site plan; or
        6. Any other land-use approval designation as may be utilized by a local government;
      2. Unless otherwise expressly provided by the local government, such a plan shall include the boundaries of the site; significant topographical and other natural features affecting development of the site; the location on the site of the proposed buildings, structures, and other improvements; the dimensions, including height, of the proposed buildings and other structures or a building envelope; and the location of all existing and proposed infrastructure on the site, including water, sewer, roads, and pedestrian walkways. A variance shall not constitute a final development plan, and approval of a final development plan with the condition that a variance be obtained shall not confer a vested property right unless and until the necessary variance is obtained. Neither a sketch plan nor any other document which fails to describe with reasonable certainty the type of use, the intensity of use, and the ability to be served with essential utilities and road infrastructure for a specified parcel or parcels of property may constitute a final development plan;
    5. “Preliminary development plan” means a plan which has been submitted by an applicant and that depicts a single-phased or multi-phased planned development typically used to facilitate initial public feedback and secure preliminary approvals from local governments. Examples of information found on development plans include proposed land uses, density and intensity of development, public utilities, road networks, general location of off-street parking, building location, number of buildable lots, emergency access, open space, and other environmentally sensitive areas such as lakes, streams, hillsides, and view sheds. An approved preliminary development plan serves as a guide for all future improvements within defined boundaries; and
    6. “Site preparation” means excavating, grading, demolition, removing excess debris to allow for proper grading, or providing a surface for a proper foundation, drainage, and settling for a development project, and physical improvements including, but not limited to, water and sanitary sewer lines, footings, or foundations installed on the site for which construction permits are required.

Acts 2010, ch. 634, § 2; 2014, ch. 686, § 2.

Compiler's Notes. For the Preamble to the act concerning the need to ensure stability and fairness  in the land development process and the enactment of the Vested Property Rights Act of 2014, see Acts 2014, ch. 686.

NOTES TO DECISIONS

1. Generally.

Applicant was entitled to a pre-existing nonconforming use of land as a quarry because (1) the applicant's development plan was approved before a restriction barring the use was passed, (2) the applicant did not have to show common law compliance or a National Pollution Discharge Elimination System permit before the restriction was enacted, and (3) the applicant's site plan described the land's use, and buildings'  and the quarry's location and perimeter. Neighbors of Old Hickory v. Metro. Gov't of Nashville & Davidson Cty., — S.W.3d —, 2017 Tenn. App. LEXIS 707 (Tenn. Ct. App. Oct. 25, 2017).

When an applicant claimed a pre-existing nonconforming use of land as a quarry, the applicant's building permit for ancillary buildings did not entitle the applicant to summary judgment because (1) the permit was not obtained for the quarry, and (2) the buildings were not required or sufficient to establish an entire quarrying operation. Neighbors of Old Hickory v. Metro. Gov't of Nashville & Davidson Cty., — S.W.3d —, 2017 Tenn. App. LEXIS 707 (Tenn. Ct. App. Oct. 25, 2017).

When an applicant claimed a pre-existing nonconforming use of land as a quarry, the applicant also had a vested right to accessory uses of an asphalt mixing plant and concrete batching plant because the final development plan included such uses. Neighbors of Old Hickory v. Metro. Gov't of Nashville & Davidson Cty., — S.W.3d —, 2017 Tenn. App. LEXIS 707 (Tenn. Ct. App. Oct. 25, 2017).

Chapter 5
Older Neighborhood Preservation Act

13-5-101. Short title.

This chapter shall be known and may be cited as the “Older Neighborhood Preservation Act.”

Acts 2004, ch. 536, § 1.

Law Reviews.

Revitalizing Urban Cities: Linking the Past to the Present, 46 U. Mem. L. Rev. 973 (2016).

Saving Our Cities: Land Banking in Tennessee, 46 U. Mem. L. Rev. 927 (2016).

13-5-102. Chapter definitions.

As used in this chapter, unless the context otherwise requires:

  1. “Dwelling unit” means a structure or the part of a structure that is used as a home, residence, or sleeping place by one (1) person who maintains a household or by two (2) or more persons who maintain a common household;
  2. “Older residential neighborhood” means an area where a majority of the residential property was constructed fifty (50) years or more prior to April 22, 2004;
  3. “Owner” means one (1) or more persons, jointly or severally, in whom is vested:
    1. All or part of the legal title to property; or
    2. All or part of the beneficial ownership and a right to the present use and enjoyment of the premises;
  4. “Residential real property” means a building located in an older residential neighborhood consisting of one (1) dwelling unit in which the owner of the real property resides as the owner's principal place of residence;
  5. “Residential rental property” means a building or structure located in an older residential neighborhood containing one (1) or two (2) dwelling units that are rented; and
  6. “Substandard residential rental property” means residential rental property where the dwelling unit or improvements within the dwelling unit, which by reason of dilapidation, obsolescence, faulty arrangement or design, lack of ventilation, light and sanitary facilities, deleterious land use, or obsolete layout, or any combination of these or other factors, are detrimental to the safety, health, morals, or welfare of the community.

Acts 2004, ch. 536, § 2.

13-5-103. Creation of grant program by municipality or county.

Upon the adoption of a resolution by a two-thirds (2/3) vote of the legislative body, a municipality or county may create a grant program for the revitalization of substandard residential rental property located in an older residential neighborhood and may also create a grant program for the revitalization of residential real property located in an older residential neighborhood.

Acts 2004, ch. 536, § 3.

13-5-104. Basis for grant programs.

  1. The grant programs shall be based on the estimated expense of renovating the property to property that is decent, safe and sanitary and that meets all local building and housing codes concerning fitness for habitation. The resolution establishing the grant program or programs shall at a minimum:
    1. For grants for substandard residential rental property:
      1. Identify the neighborhoods or portions of neighborhoods that contain substandard residential rental property for which a grant program is created; and
      2. Establish the criteria for renovation and rehabilitation of substandard residential rental property;
    2. For grants for the renovation or rehabilitation of residential real property:
      1. Identify the neighborhoods or portions of neighborhoods where a majority of the residential real property is such that the property values of the neighborhood are adversely affected by the condition of the housing stock; and
      2. Establish the criteria for renovation and rehabilitation of such residential real property;
    3. Establish an application and appeal process for such grants; such application process shall require that all owners of the property, or their legal representatives, to which the grant applies sign the grant application;
    4. Determine the maximum amount for a grant under each program;
    5. Set the time period in which the grant shall be used; the programs shall include a mechanism for funds to revert back if funds included in the grant are not expended; and
    6. Develop a system of verification and accounting to ensure that the funds are being accurately utilized to rehabilitate the dwelling unit.
  2. The resolution establishing a grant program or programs may establish penalties in addition to those included in § 13-5-107 for failure to utilize grant funds in accordance with the program developed by the municipality or county.

Acts 2004, ch. 536, § 4.

13-5-105. Public hearing.

Before the legislative body adopts such a resolution establishing a grant program or programs, the legislative body shall hold a public hearing relating to the proposal, after publishing a notice of such public hearing in a newspaper of general circulation in the municipality or county at least two (2) weeks prior to the date of such public hearing. Such notice shall include the time, place and purpose of the public hearing.

Acts 2004, ch. 536, § 5.

13-5-106. Approval across jurisdictions.

If residential rental property or residential real property lies in more than one (1) taxing jurisdiction that has created a grant program under this chapter, approval for a grant by one (1) jurisdiction does not automatically establish approval for a grant in such other jurisdiction.

Acts 2004, ch. 536, § 6.

13-5-107. Penalties for failure to use grant funds according to program.

It is theft of property punishable as provided in § 39-14-105 to knowingly fail to utilize grant funds in accordance with the program developed by the municipality or county.

Acts 2004, ch. 536, § 7.

Chapter 6
Neighborhood Preservation Act

13-6-101. Short title.

This chapter shall be known and may be cited as the “Neighborhood Preservation Act.”

Acts 2004, ch. 843, § 1.

13-6-102. Chapter definitions.

As used in this chapter, unless the context otherwise requires:

  1. “Abate” or “abatement” in connection with any building means the removal or correction of any conditions that constitute a public nuisance and the making of any other improvements that are needed to effect such a rehabilitation of the building as is consistent with maintaining safe and habitable conditions over its remaining useful life;
  2. “Acceptable petitioner” means:
    1. Any nonprofit corporation;
    2. The municipal corporation within which such subject parcel is located;
    3. The owner or legal occupant of a parcel of real property that is adversely impacted by the condition of the subject parcel; or
    4. Any interested person;
  3. “Building” means any building or structure that is located on the subject parcel;
  4. “Certified person” means any person determined by the court pursuant to § 13-6-108 to be qualified as a receiver or a qualified buyer;
  5. “Dwelling unit” means a building or the part of a building that is intended to be used as a home, residence, or sleeping place;
  6. “Governmental authority” means any court or governmental, administrative, legislative, regulatory, adjudicatory, or arbitrational body, agency, commission, department, board, bureau, tribunal, or instrumentality of the United States or of any state, commonwealth, nation, territory, possession, county, parish, or municipality, whether now or hereafter constituted or existing, having or claiming jurisdiction over the subject parcel;
  7. “Interested person” means, with respect to a subject parcel, any owner, named trustee, or other person that:
    1. Holds, or is the assignee of the holder of, a lien against that subject parcel;
    2. Is named as a nominee or agent of the holder of an obligation that is secured by a deed or a deed of trust affecting such subject parcel;
    3. Holds the benefit of an easement appurtenant to such subject parcel;
    4. Holds the benefit of a restrictive real covenant against such subject parcel; or
    5. Possesses an interest of record in or to such subject parcel;
  8. “Municipal corporation” means any incorporated city or any county, including any county having a metropolitan form of government, and the code enforcement department or agency or other unit responsible for enforcing building and property conditions in the territorial jurisdiction of the city or county;
  9. “Nonprofit corporation” means any nonprofit corporation that has been duly organized and is in good standing under the laws of this state;
  10. “Owner” means one (1) or more persons, jointly or severally, in whom is vested all or part of the legal title to, or beneficial ownership of, the subject parcel;
  11. “Person” means any individual, firm, corporation, association, trust, partnership, joint venture, limited liability company, governmental authority, or other entity;
  12. “Public nuisance” means any building that is:
    1. A menace to the public health, welfare, or safety;
    2. Structurally unsafe, unsanitary, or not provided with adequate safe egress;
    3. A fire hazard, dangerous to human life, or no longer fit and habitable;
    4. A nuisance, as defined in § 29-3-101; or
    5. Otherwise determined by the court or a municipal corporation to be a violation of any local building, housing, air pollution, sanitation, health, fire, zoning, or safety code, ordinance, or regulation applicable to any subject parcel;
  13. “Qualified buyer” means any person determined by the court to be a certified person as provided in § 13-6-108;
  14. “Receiver” means any certified person appointed by the court for the purpose of preserving or improving the subject parcel and all of the powers of a receiver appointed for tax enforcement pursuant to § 67-5-2103 are, as applicable, the powers of a receiver appointed pursuant to this chapter;
  15. “Receiver's lien” means a first priority lien in favor of the receiver against the subject parcel that, with regard to the subject parcel, upon approval of the court, secures:
    1. Any and all direct and indirect expenses and costs incurred by the receiver, including reasonable attorney's fees and costs;
    2. Any and all outstanding municipal fines, penalties, expenditures, and assessments;
    3. Any and all amounts attributable to state and local taxes and assessments, including any and all outstanding amounts secured by delinquent property tax liens; and
    4. A fee, payable to the receiver, equal to ten percent (10%) of the total of the amounts provided under subdivision (15)(A), but in no event less than two thousand five hundred dollars ($2,500);
  16. “Residential property” means a subject parcel that includes one (1) or more dwelling units that is owner-occupied and the owner's principal place of residence, or that is otherwise intended for single-family residential use;
  17. “Residential rental property” means a building or structure consisting of one (1) or two (2) dwelling units; and
  18. “Subject parcel” means a tract or item of real or personal property that becomes subject to the jurisdiction of a court pursuant to this chapter.

Acts 2004, ch. 843, § 2; 2007, ch. 452, § 1; 2009, ch. 424, § 1; 2011, ch. 374, §§ 1, 2; 2014, ch. 835, § 2; 2016, ch. 727, §§ 1-3; 2018, ch. 779, § 1.

Compiler's Notes. Pursuant to Article III, Section 18 of the Constitution of Tennessee, Acts 2014, ch. 835 took effect on April 28, 2014.

13-6-103. Maintenance at level of community standards.

  1. The owner of residential rental property or residential property shall be required to maintain the exterior of such property and the lot on which the residential rental property or residential property is located at a level which is no less than the community standards of the residential property in the area.
  2. It is prima facie evidence that the residential rental property or residential property is not maintained at the community standards of the residential property in the area if the owner of such residential rental property or residential property has been cited for three (3) or more separate violations of local building and construction codes or property standards governing residential property within a one-year period and the owner has not brought the property into compliance with such building and construction codes or property standards within such period.

Acts 2004, ch. 843, § 3; 2016, ch. 727, § 4.

13-6-104. Action for damages for failure to maintain property — Measure of damages.

  1. An owner of residential property affected by residential rental property or residential property not maintained to community standards of residential property in the area may bring an action for damages against the owner of such residential rental property or residential property for failure to maintain the property in the manner required by § 13-6-103; provided, however, that a showing by the owner of the residential rental property or residential property that the failure to maintain the property is due to an act of nature, serious illness, or a legal barrier shall constitute a defense to any cause of action brought under this section.
  2. The measure of damages shall be the difference between the value of the owner's residential property if the residential rental property or residential property were maintained at the community standards of the residential property in the area and the value of the owner's residential property because the residential rental property or residential property is not maintained at such community standards.
  3. As proof of the value of the owner's residential property, the plaintiff shall submit to the court two (2) independent appraisals.
  4. Upon a finding by the court that an owner of residential rental property or  residential property has failed to maintain the property in the manner required by § 13-6-103, the court may award to the person bringing an action under this chapter reasonable attorney's fees and costs.

Acts 2004, ch. 843, § 4; 2009, ch. 424, § 2; 2016, ch. 727, § 5.

13-6-105. Application.

This chapter shall apply:

  1. In any county having a metropolitan form of government that has a population in excess of five hundred thousand (500,000), according to the 2000 federal census or any subsequent federal census;
  2. In any county having a population in excess of eight hundred thousand (800,000), according to the 2000 federal census or any subsequent federal census;
  3. In any county having a population of not less than ninety-eight thousand two hundred (98,200) nor more than ninety-eight thousand three hundred (98,300), according to the 2010 federal census or any subsequent federal census; and
  4. In any county or municipality that has formed a land bank pursuant to § 13-30-104.

Acts 2004, ch. 843, § 5; 2014, ch. 835, § 4; 2018, ch. 779, § 2.

Compiler's Notes. Pursuant to Article III, Section 18 of the Constitution of Tennessee, Acts 2014, ch. 835 took effect on April 28, 2014.

For tables of U.S. decennial populations of Tennessee counties, see Volume 13 and its supplement.

13-6-106. Civil action to enforce compliance — Draft order of compliance.

  1. An acceptable petitioner may file a petition for a judgment in rem against a subject parcel, naming the subject parcel as the defendant and seeking an order that the subject parcel is a public nuisance and for the abatement of the public nuisance. A proceeding pursuant to this section shall be a proceeding in rem. If the applicable municipal corporation is not the acceptable petitioner, then the applicable municipal corporation shall be put on notice of the in rem proceeding and provided with a full copy of the petition as filed by the acceptable petitioner. If the acceptable petitioner has not attached a certificate of public nuisance to the petition, the municipal corporation shall complete an inspection of the subject parcel within thirty (30) calendar days after the first setting of the matter in court, and the court shall promptly schedule a hearing on the issue of public nuisance. At the conclusion of the hearing on the issue of public nuisance, the court shall determine whether or not the issuance of a certificate of public nuisance is warranted. The court shall dismiss the action if the subject parcel is found not to be a public nuisance by the court.
  2. The petition filed pursuant to subsection (a) must include a draft order of compliance setting forth the relief requested as described in this section and shall specifically request the appointment of a receiver if an order of compliance pursuant to subsection (e) is entered and if the owner fails to comply with such order.
  3. The filing of a petition for a judgment in rem pursuant to subsection (a) shall:
    1. Create a receiver's lien that secures an undetermined amount until the court establishes the amount. The precise amount of the receiver's lien will be established by the court at any time upon the request of any owner, interested person, or the receiver. The receiver's lien shall be a first lien on the subject parcel, which is superior to all prior and subsequent liens or other encumbrances associated with the subject parcel. The acceptable petitioner shall file for record in the register's office of the county an abstract certified by the clerk, within one (1) day of certification by the clerk, containing the names of the parties to the suit, a statement that petition has been filed pursuant to this section, a description of the subject parcel and its ownership, and a brief statement of the nature and amount of the lien sought to be imposed, all in compliance with § 20-3-101, which filing shall act as a lien lis pendens against the subject parcel. The outstanding principal amount of the receiver's lien carries interest at a standard statutory rate applicable to judgment liens as provided in § 67-5-2010;
    2. Act as a bar of any transfer of title of the subject parcel or of any interests pertaining to such subject parcel, including, but not limited to, transfers by tax sale or other foreclosure, transfers or creation of lien interests in the subject parcel, or otherwise, from the date of the filing until the petition is dismissed or until specific orders of the court authorizing a transfer of title, if the petition has attached a certificate of public nuisance issued pursuant to subsection (a); and
    3. Authorize the municipal corporation, in its discretion, to access the subject parcel for boarding, securing, and maintaining the subject parcel at any time if it has been determined by the court that the owner has failed to do so. Any costs incurred by the municipal corporation shall be charged to the owner.
  4. Notice of a petition for a judgment in rem filed pursuant to subsection (a) shall, at a minimum, be provided to each owner and interested person identified by a thorough title search and examination of the subject parcel, including a search of court records of the county where the subject parcel is located. The petitioner shall file with the court a certification that notice has been provided pursuant to this subsection (d). Notice shall be provided by:
    1. Sending a copy of the petition by first-class mail to the last known address of record;
    2. Posting a copy of the petition in a conspicuous place on the building;
    3. Publication of the petition in a newspaper of general circulation published in the county where the subject parcel is located; and
    4. Sending a copy of the petition by first-class mail addressed to “occupant” at the subject parcel.
  5. If the subject parcel is found to be a public nuisance, the court shall issue an order of compliance requiring the owner of the subject parcel to produce a plan for the abatement of the public nuisance. The acceptable petitioner shall file such order in the register's office of the county where the subject parcel is located. The plan must comply with subsection (h) and must be approved by the court. If the owner has commenced work on the subject parcel prior to, or during the pendency of the action, the owner is required to provide a report of the work that has been completed to date, as well as a plan for the abatement of the public nuisance. Once a plan is approved by the court, the municipal corporation shall provide periodic updates to the court on the owner's progress towards completion of the plan and other relevant information about the subject parcel and surrounding area. Upon a finding by the court that the subject parcel is a public nuisance, the court may award all reasonable attorney's fees and costs to the person filing the petition for a judgment in rem.
  6. If the owner fails to comply with the court's order of compliance pursuant to subsection (e), the court may allow an interested person the opportunity to undertake the work to abate the public nuisance pursuant to a plan that complies with subsection (h) submitted by such interested person.
  7. If the actions pursuant to subsections (e) and (f) fail to abate the public nuisance, the court may authorize a receiver to take possession and control of the subject parcel to abate the public nuisance pursuant to a plan submitted by such receiver that complies with subsection (h). A receiver appointed pursuant to this chapter is not personally liable for actions taken pursuant to the receivership except for misfeasance, malfeasance, or nonfeasance in the performance of the functions of the office.
    1. Prior to ordering any action be taken to abate the public nuisance, the court shall cause a detailed development plan to be submitted for review, which must include, but is not limited to:
      1. A detailed budget for abating the public nuisance;
      2. A projected timeline for abating the public nuisance;
      3. If repair and rehabilitation of the subject parcel are found not to be feasible, the cost of demolition of the subject parcel or of the portions of the subject parcel that constitute the public nuisance; and
      4. The terms, conditions, and availability of any financing that is necessary to abate the public nuisance or a show of sufficient assets.
    2. If the receiver is submitting the plan, the receiver may petition the court for authority to conduct an auction and sale to a qualified buyer, in accordance with subsection (j), without abatement of the public nuisance upon showing that the terms of the auction minimum bid will include a bond or other security, in an amount fixed by the court, ensuring performance of the remediation within nine (9) months of the date of the auction sale, executed by the qualified buyer in favor of the receiver.
    1. If the court deems a plan submitted by a receiver to be sufficient and appropriate, the court may empower the receiver to:
      1. Take possession and control of the subject parcel;
      2. Pay all expenses of operating and conserving the subject parcel, including obtaining property insurance;
      3. Pay prereceivership mortgages or installments of such mortgages and other liens; and
      4. Implement the plan; provided, that, if the plan requires demolition, the court shall order that the demolition be done properly and in compliance with applicable laws.
    2. The receiver shall file a report with the court every sixty (60) calendar days and, upon completion of the detailed development plan, shall file a final report with the court indicating that the public nuisance has been abated and moving for the establishment of the full amount of the receiver's lien. Upon a finding by the court that the public nuisance has been abated and establishing the amount of the receiver's lien, the owner shall be put on notice that the owner has thirty (30) days from such finding to satisfy the receiver's lien in full. If the owner satisfies the receiver's lien in full during such time, the receivership shall be terminated by order of the court.
  8. If the receiver's lien is not satisfied by the owner pursuant to subdivision (i)(2), the court shall direct the receiver to offer the subject parcel for sale in accordance with the following:
    1. The sales procedure shall follow the procedures provided in §§ 35-5-101 — 35-5-109;
    2. The minimum bid at a receiver's lien sale shall be the full amount of the receiver's lien;
    3. If any local land bank formed pursuant to § 13-30-104 notifies the receiver in writing in advance of the receiver's lien sale that it wishes to enter the minimum bid for cash for the subject parcel, then such minimum bid shall preempt all other bids, and the local land bank shall be the prevailing bidder;
    4. If there is no bidder at the receiver's lien auction for greater than the minimum bid, the subject parcel shall be transferred by receiver's deed to the receiver, and there shall be no requirement of cash payment of the minimum bid by the receiver;
    5. When the successful bid is paid in cash, the amount of the minimum bid is paid to satisfy the receiver's lien, including payment to the appropriate property tax officials, of that portion of the receiver's lien that constituted delinquent property taxes. Any surplus shall be distributed, as approved by the court, to the owner and interested persons in the priority in which their interests encumbered the subject parcel prior to the auction; and
    6. The receiver shall report the prevailing bid at the sale to the court, and upon approval by the court, a receiver's deed shall be issued to the successful bidder and promptly recorded in the office of the register of deeds. The county trustee shall be allowed a credit pursuant to § 67-5-1903(b)(1) for any local taxes and assessments that are not collected as a result of the failure of the receiver's lien sale to receive a cash payment for the minimum bid pursuant to subdivision (j)(2). Title shall be absolute in the purchaser, and the interests of any interested persons prior to the auction shall be terminated as of the date of the sale. The receivership shall be terminated after the sale by order of the court after a hearing on receiver's motion for termination of the receivership.
    1. Nothing in this chapter limits the powers granted to a court having jurisdiction pursuant to § 13-6-107.
    2. The monetary and other limitations specified in § 16-15-501(d)(1) upon any court with jurisdiction over an action described in subsection (a) do not operate as limitations upon any of the following:
      1. Expenditures of a mortgagee, lienholder, other interested person, or receiver that has been selected pursuant to subsection (f) or (g) to undertake the work and to furnish the materials necessary to abate a public nuisance;
      2. Any notes issued by a receiver;
      3. Any mortgage granted by a receiver;
      4. Expenditures in connection with the foreclosure of a mortgage granted by a receiver in accordance with subsection (i);
      5. The enforcement of an order of a judge entered pursuant to this chapter; or
      6. The actions that may be taken pursuant to this chapter by a receiver or a mortgagee, lienholder, or other interested person that has been selected pursuant to subsection (f) or (g) to undertake the work and to furnish the materials necessary to abate a public nuisance.
    3. A judge in a civil action described in subsection (a), or the judge's successor in office, has continuing jurisdiction to review and order correction of the condition of any subject parcel that was determined to be a public nuisance pursuant to this chapter.

Acts 2007, ch. 452, § 2; 2009, ch. 424, §§ 3-5; 2011, ch. 374, §§ 3-5; 2014, ch. 835, §§ 1, 3; 2016, ch. 727, § 6; 2018, ch. 779, § 3.

Compiler's Notes. Pursuant to Article III, Section 18 of the Constitution of Tennessee, Acts 2014, ch. 835 took effect on April 28, 2014.

13-6-107. Jurisdiction.

Jurisdiction for civil actions filed pursuant to this chapter is conferred upon the chancery, circuit, and any court designated as an environmental court pursuant to Acts 1991, chapter 426.

Acts 2011, ch. 374, § 6.

13-6-108. Qualification as a certified person.

  1. Any person seeking to be qualified as a certified person shall make application to the applicable court in the county in which such person seeks to serve, on such form and according to such standards and procedures as such court reasonably may require, including the following, which the court may require to be brought current at any time, as applicable:
    1. An external verification of good standing;
    2. The articles of incorporation and bylaws or formation documents;
    3. Evidence of financial capacity to carry out an abatement plan, including audited financial statements of the person for the past five (5) years, where applicable;
    4. A formal conflict of interest policy governing the staff, officers, and the board of directors, if applicable;
    5. Evidence of the administrative capacity to successfully undertake the abatement plan; and
    6. Any other documents, evidence, or assurances that the court may require.
  2. Any local land bank formed pursuant to § 13-30-104 is a certified person for all purposes under this chapter. In the court's discretion, an acceptable petitioner may also be qualified as a certified person who is appointed as a receiver.

Acts 2018, ch. 779, § 4.

Chapter 7
Zoning

Part 1
County Zoning

13-7-101. Grant of zoning power.

    1. The county legislative body of any county is empowered, in accordance with the conditions and the procedure specified in this part, to regulate, in the portions of such county which lie outside of municipal corporations, the location, height and size of buildings and other structures, the percentage of lot which may be occupied, the sizes of yards, courts, and other open spaces, the density and distribution of population, the uses of buildings and structures for trade, industry, residence, recreation or other purposes, and the uses of land for trade, industry, residence, recreation, agriculture, forestry, soil conservation, water supply conservation or other purposes, and identify areas where there are inadequate or nonexistent publicly or privately owned and maintained services and facilities when the planning commission has determined the services are necessary in order for development to occur. Special districts or zones may be established in those areas deemed subject to seasonal or periodic flooding, and such regulations may be applied therein as will minimize danger to life and property, and as will secure to the citizens of Tennessee the eligibility for flood insurance under Public Law 1016, 84th Congress, or subsequent related laws or regulations promulgated under such provisions. Protection and encouragement of access to sunlight for solar energy systems may be considered in promulgating zoning regulations pursuant to this section. Quarrying shall be uniformly defined, for purposes of all county zoning regulations, as the extraction, removal and mechanized processing of stone, gravel, phosphate rock, metallic ore, limestone, marble, chert, sand, dimension stone and any other solid mineral or substance of commercial value, except coal and deep metal mining, including, but not limited to zinc, found in natural deposits in the earth, for barter or sale. The definition of quarrying shall not include the reuse of these minerals on the same site from which they are extracted. This definition shall have no effect on the exception contained in § 54-1-128. The removal of borrow material from a site and the placement of the same material on a project site without any mechanized processing shall not be considered quarrying.
        1. The transfer of development rights may be provided for in the promulgation of zoning regulations pursuant to this section. The creation, amendment or repeal of regulations, districts or maps providing for the transfer of development rights shall be in compliance with §§ 13-7-104 and 13-7-105. The transfer of development rights shall not be subject to taxation pursuant to title 67, chapter 4 or 6; provided, that any instruments recorded in the county register's office as the result of the transfer of development rights shall be subject to the fees set out in § 8-21-1001. Any regulations authorizing the transfer of development rights shall provide that conveyances of development rights shall be in writing and shall be recorded in the office of the register of deeds and that whenever transferred development rights are allocated to any property, such allocation shall not become effective until the transferred development rights are noted in an instrument or on a plat and recorded in the office of the register of deeds.
        2. A town, city, county, a county with a metropolitan form of government, the state of Tennessee, or a not-for-profit conservation or preservation organization may be the receiving entity of a development right without allocating or designating the transferred development right to any receiving property under its ownership or control. A town, city, county, a county with a metropolitan form of government, the state of Tennessee, or a not-for-profit conservation or preservation organization shall be allowed to receive all or part of the donating property's development rights notwithstanding any local zoning regulations pertaining to any required ratio or amount of land area a receiving property must contain in relation to the land area of the donating property or of the total amount of density that a receiving property may obtain from the donating property.
      1. This subdivision (a)(2) shall be strictly construed with the specific intent to allow a local government to establish its own plan whereby the owners of property in a restrictive area (historical, agricultural, rural area as designated in the county's growth plan, or environmental) can sell the development rights to a developer or another individual and only with the consent of the property owner and through negotiations of development rights in the free marketplace. A property owner may donate, through gift or through testamentary disposition, all or part of the development rights of the owner's property to a town, city, county, a county with a metropolitan form of government, the state of Tennessee, or a not-for-profit conservation or preservation organization. Any town, city, county, county with a metropolitan government, the state, or any not-for-profit conservation or preservation organization may purchase development rights from a property owner with the consent of the property owner and the purchase shall be through negotiations of the development rights in the free marketplace. Any town, city, county, county with a metropolitan government, the state, or any not-for-profit conservation or preservation organization may preserve the purchased or donated development rights unused for a definite or indefinite period of time and may at any time sell the development rights so held to a property owner in a designated receiving area with the purchase being one negotiated in the free marketplace. In order to accept a donation of development rights or for the purchase or sale of developments rights by a town, city, county, or county with a metropolitan government, the donation, purchase or sale must be approved by that government's legislative body.
      2. It is the legislative intent that the provisions of this section relative to the transfer of development rights are permissive and not mandatory. Such rights shall only be transferred by contract and not by operation of law.
  1. The chief legislative body of any county having a population of not less than two hundred eighty-seven thousand seven hundred (287,700) nor greater than two hundred eighty-seven thousand eight hundred (287,800), according to the 1980 federal census or any subsequent federal census, is further authorized and empowered to rezone properties conditionally or based upon contract, where the agreed conditions are designed to ameliorate injuries created by the rezoning to surrounding property interests or to county interests.

Acts 1935, ch. 33, § 1; C. Supp. 1950, § 10268.1; Acts 1957, ch. 306, § 1; impl. am. Acts 1978, ch. 934, §§ 7, 36; Acts 1979, ch. 259, § 7; T.C.A. (orig. ed.), § 13-401; Acts 1985, ch. 44, § 1; 1987, ch. 361, §§ 1, 4; 2001, ch. 265, §§ 1-4; 2008, ch. 1150, § 11; 2011, ch. 217, § 1; 2012, ch. 755, § 1.

Compiler's Notes. Public Law 1016, 84th Congress, was compiled in 42 U.S.C. §§ 2401-2421; however, these provisions were repealed by Pub. L. 90-488, § 1377, part of the National Flood Insurance Act of 1968, which is presently compiled in 42 U.S.C. § 4001 et seq.

For table of U.S. decennial populations of Tennessee counties, see Volume 13 and its supplement.

Cross-References. Airport zoning ordinance appeals, hearing by board, §§ 42-6-108, 42-6-109.

Borrow excavations, exemption of certain road work construction from local and regional zoning and planning regulations, § 54-1-128.

County adoption of prepared building, plumbing and gas codes, § 5-20-103.

Establishment of foreign-trade zones, title 7, ch. 85.

Local regulation of junkyards, § 54-20-122.

Utility location, title 13, ch. 24, part 3.

Zoning classifications, exclusion of manufactured residential dwellings prohibited, title 13, ch. 24, part 2.

Zoning classifications, residences of persons with disabilities, title 13, ch. 24, part 1.

Zoning regulations in metropolitan governments, § 7-3-304.

Law Reviews.

Growth and Its Implications: An Evaluation of Tennessee's Growth Management Plan, 67 Tenn. L. Rev. 983 (2000).

Into the Fracking Fray: A Balanced Approach to Regulating Hydraulic Fracturing in Tennessee, 44 U. Mem. L. Rev. 667 (2014).

Real Property — Zoning Ordinances — Validity, 39 Tenn. L. Rev. 542.

Sunny and Share: Balancing Airspace Entitlement Rights Between Solar Energy Adopters and Their Neighbors, 72 Vand. L. Rev. 1075 (April 2019).

Attorney General Opinions. Review of zoning plans and amendments by regional planning commission of each affected region, OAG 99-150, 1999 Tenn. AG LEXIS 158 (8/16/99).

There is no constitutional requirement that a zoning ordinance be adopted by a two-thirds vote of the local legislative body or in a general election, OAG 04-007, 2004 Tenn. AG LEXIS 7 (1/16/04).

Meaning of “use permitted on review” under Tennessee zoning laws, OAG 06-142, 2006 Tenn. AG LEXIS 164 (9/19/06).

NOTES TO DECISIONS

1. In General.

A board of zoning appeals' power is limited in scope to that expressly conferred by statute. Father Ryan High School, Inc. v. Oak Hill, 774 S.W.2d 184, 1988 Tenn. App. LEXIS 725 (Tenn. Ct. App. 1988).

The procedural steps which the general assembly has put in place in the form of enabling statutes governing the enactment of zoning ordinances usually are regarded as mandatory, and a failure substantially to comply with such requirements renders the zoning ordinance invalid. Hutcherson v. Criner, 11 S.W.3d 126, 1999 Tenn. App. LEXIS 461 (Tenn. Ct. App. 1999), rehearing denied, — S.W.3d —, 1999 Tenn. App. LEXIS 542 (Tenn. Ct. App. Aug. 10, 1999).

The right of a county to enact or amend zoning regulations is based upon powers delegated to it by specific enabling acts of the general assembly. Hutcherson v. Criner, 11 S.W.3d 126, 1999 Tenn. App. LEXIS 461 (Tenn. Ct. App. 1999), rehearing denied, — S.W.3d —, 1999 Tenn. App. LEXIS 542 (Tenn. Ct. App. Aug. 10, 1999).

2. Agency Authorized to Act.

Authority to appoint county building commissioner and electrical and plumbing inspectors and appointing an employment authority as to county building department and county building code board of appeals was vested in county board of commissioners rather than quarterly court (now county legislative body) by private act. Shelby County Board of Comm'rs v. Shelby County Quarterly Court, 216 Tenn. 470, 392 S.W.2d 935, 1965 Tenn. LEXIS 592 (1965).

The board of zoning appeals has neither the power to zone nor to amend the zoning ordinance; that power is in the county legislative body. Merritt v. Wilson County Bd. of Zoning Appeals, 656 S.W.2d 846, 1983 Tenn. App. LEXIS 697 (Tenn. Ct. App. 1983).

A governing body may delegate administrative powers to a planning commission or a board of zoning appeals, and it was error for the trial court to fail to find that the planning commission and the board of zoning appeals did, on behalf of the governing body of Anderson County, approve the landfill location site for the defendant. Anderson County v. Remote Landfill Services, Inc., 833 S.W.2d 903, 1991 Tenn. App. LEXIS 852 (Tenn. Ct. App. 1991), appeal denied, — S.W.2d —, 1992 Tenn. LEXIS 296 (Tenn. Mar. 30, 1992).

3. Exhaustion of Administrative Remedies.

Property owner was not permitted to use writ of mandamus to compel issuance of building permit on an approved site plan prior to exhausting administrative remedies. State ex rel. Poteat v. Bowman, 491 S.W.2d 77, 1973 Tenn. LEXIS 414 (Tenn. 1973).

4. Broad Powers Vested.

The county legislative bodies are vested with broad powers to enact and to amend zoning regulations governing the use of land. Fallin v. Knox County Bd. of Comm'rs, 656 S.W.2d 338, 1983 Tenn. LEXIS 792 (Tenn. 1983).

5. Enabling Acts for Counties and Municipalities.

There is justification for separate enabling acts pertaining to zoning for counties and municipalities since the two differ vastly governmentally and politically, with cities or municipal corporations having substantially broader rights and powers. State ex rel. Browning-Ferris Industries, Inc. v. Board of Comm'rs, 806 S.W.2d 181, 1990 Tenn. App. LEXIS 814 (Tenn. Ct. App. 1990), appeal denied, State v. Bd. of Comm'rs, 1991 Tenn. LEXIS 64 (Tenn. Feb. 4, 1991).

6. Procedural Defects.

Where notice of a proposed zoning reclassification to allow a shooting range involved ten acres, but the adopted resolution stated ninety acres, the ordinance was void ab initio and the statute of limitations was no defense because: (1) The resolution qualified as a zoning amendment which required specific procedures; (2) The county legislative body had no jurisdiction to act on the proposed amendment since the alteration was so substantial that there should have been a resubmission of the proposed amendment to the planning commission; and (3) The record did not establish the requisite public or private reliance for an exception to the application of the void ab initio doctrine. Edwards v. Allen, 216 S.W.3d 278, 2007 Tenn. LEXIS 144 (Tenn. 2007).

7. Conflict With Statute.

Owners and operators of a farm, who operated a pumpkin patch and corn maze and conducted concerts on their property, were protected from the application of the local zoning laws by the Tennessee Right to Farm Act, T.C.A. § 43-26-101 et seq., because their farm activities were sufficient to meet the definition of agritourism. Shore v. Maple Lane Farms, LLC, — S.W.3d —, 2012 Tenn. App. LEXIS 229 (Tenn. Ct. App. Apr. 11, 2012), rev'd, 411 S.W.3d 405, 2013 Tenn. LEXIS 644 (Tenn. Aug. 19, 2013).

13-7-102. Regional zoning plans — Execution by county legislative body.

From and after the time when the regional planning commission of any planning region defined and created by the [former] state planning office makes and certifies to the legislative body of any county located in whole or part in such region a zoning plan, including both the text of a zoning ordinance and the zoning maps, representing the recommendations of such planning commission for the regulation by districts or zones of the location, height and size of buildings and other structures, the percentage of lots that may be occupied, the sizes of yards, courts and other open spaces, the density and distribution of population, the location and uses of buildings and structures for trade, industry, residence, recreation or other purposes and the use of land for trade, industry, residence, recreation, agriculture, forestry, soil conservation, water supply conservation or other purposes, and identify areas where there are inadequate or nonexistent publicly or privately owned and maintained services and facilities when the planning commission has determined the services are necessary in order for development to occur, then the county legislative body may, by ordinance, exercise the powers granted in § 13-7-101 and, for the purpose of such exercise, may divide the territory of the county which lies within the region but outside of municipal corporations into districts of such number, shape or area as it may determine and within such districts may regulate the erection, construction, reconstruction, alteration and uses of buildings and structures and the uses of land. All such regulations shall be uniform for each class or kind of buildings throughout any such district, but the regulations in one (1) district may differ from those in other districts. The regional planning commission may make and certify a single plan for all the territory of the county which lies within the region but outside of municipal corporations, or may make and certify separate and successive plans for parts of such territory which it deems to be suitable for urban or nonurban development or which for other reasons it deems to be an appropriate territorial unit for a zone plan; and correspondingly, any ordinance enacted by the county legislative body may cover and include the whole territory of the county which lies within the region but outside of municipal corporations covered and included in any such single plan or in any such separate and successive plans. No ordinance covering more or less than the entire area covered by any such certified plan shall be enacted or put into effect until or unless it is first submitted to the regional planning commission and is approved by the commission or, if disapproved, shall receive the favorable vote of not less than two-thirds (2/3) of the entire membership of the county legislative body.

Acts 1935, ch. 33, § 2; C. Supp. 1950, § 10268.2; impl. am. Acts 1972, ch. 542, § 15; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 13-402; Acts 2008, ch. 1150, § 12.

Compiler's Notes. The state planning office, referred to in this section, was abolished by Acts 1995, ch. 501, effective June 12, 1995.

Cross-References. Regional planning commission, § 13-3-104.

Attorney General Opinions. An ordinance or regulation imposing a design standard is valid unless it violates any state statute or positive constitutional guaranty or unless it is “clearly arbitrary, capricious, or unreasonable, having no substantial relation to the public health, safety, or welfare.”  Accordingly, whether any given ordinance or regulation requiring the observation of appearance-based residential building design standards for the construction of single family dwellings is valid is a fact-intensive inquiry, the answer to which will depend on the particular facts and circumstances related to the particular community. A given design standard may be reasonable in one community, but not in another. OAG 17-44, 2017 Tenn. AG LEXIS-44 (10/3/2017).

NOTES TO DECISIONS

1. Recommendations of Planning Commission.

Local legislative bodies may enact zoning plans recommended by planning commissions but they are not obligated to. Family Golf v. Metropolitan Gov't of Nashville, 964 S.W.2d 254, 1997 Tenn. App. LEXIS 688 (Tenn. Ct. App. 1997).

2. Procedural Defects.

Where notice of a proposed zoning reclassification to allow a shooting range involved ten acres, but the adopted resolution stated ninety acres, the ordinance was void ab initio and the statute of limitations was no defense because: (1) The resolution qualified as a zoning amendment which required specific procedures; (2) The county legislative body had no jurisdiction to act on the proposed amendment since the alteration was so substantial that there should have been a resubmission of the proposed amendment to the planning commission; and (3) The record did not establish the requisite public or private reliance for an exception to the application of the void ab initio doctrine. Edwards v. Allen, 216 S.W.3d 278, 2007 Tenn. LEXIS 144 (Tenn. 2007).

13-7-103. Purposes of zoning regulations.

Such regulations shall be designed and enacted for the purpose of promoting the health, safety, morals, convenience, order, prosperity and welfare of the present and future inhabitants of the state and of its counties, including, among other things, lessening congestion on the roads or reducing the wastes of excessive amount of roads; securing safety from fire and other dangers; promoting adequate light and air, including protecting and encouraging access to sunlight for solar energy systems; preventing, on the one hand, excessive concentrations of population and, on the other hand, excessive and wasteful scattering of population or settlement; promoting such distribution of population and such classification of land uses and distribution of land development and utilization as will tend to facilitate and conserve adequate provisions for transportation, water flowage, water supply, drainage, sanitation, educational opportunity, recreation, soil fertility, food supply and the protection of both urban and nonurban development, and identify areas where there are inadequate or nonexistent publicly or privately owned and maintained services and facilities when the planning commission has determined the services are necessary in order for development to occur.

Acts 1935, ch. 33, § 3; C. Supp. 1950, § 10268.3; Acts 1979, ch. 259, § 8; T.C.A. (orig. ed.), § 13-403; Acts 2008, ch. 1150, § 13.

Law Reviews.

Sunny and Share: Balancing Airspace Entitlement Rights Between Solar Energy Adopters and Their Neighbors, 72 Vand. L. Rev. 1075 (April 2019).

Attorney General Opinions. An ordinance or regulation imposing a design standard is valid unless it violates any state statute or positive constitutional guaranty or unless it is “clearly arbitrary, capricious, or unreasonable, having no substantial relation to the public health, safety, or welfare.”  Accordingly, whether any given ordinance or regulation requiring the observation of appearance-based residential building design standards for the construction of single family dwellings is valid is a fact-intensive inquiry, the answer to which will depend on the particular facts and circumstances related to the particular community.  A given design standard may be reasonable in one community, but not in another. OAG 17-44, 2017 Tenn. AG LEXIS-44 (10/3/2017).

NOTES TO DECISIONS

1. Total Exclusion of Lawful Business.

A total prohibition of a lawful business would not be unlawful if it can be shown that the business is one which is particularly objectionable and undesirable, and the prohibition appears prima facie to be designed to protect the public interest. Robertson County v. Browning-Ferris Industries of Tennessee, Inc., 799 S.W.2d 662, 1990 Tenn. App. LEXIS 343 (Tenn. Ct. App. 1990).

County's total exclusion by zoning regulation of all commercial landfills within the county was unlawful where nothing in record demonstrated that such total exclusion was designed to protect the public interest. Robertson County v. Browning-Ferris Industries of Tennessee, Inc., 799 S.W.2d 662, 1990 Tenn. App. LEXIS 343 (Tenn. Ct. App. 1990).

13-7-104. Method of procedure after certification of plan from commission.

After the certification of a zone plan from the regional planning commission and before the enactment of any such zoning ordinance, the county legislative body shall hold a public hearing thereon, the time and place of which at least thirty (30) days' notice shall be given by one (1) publication in a newspaper of general circulation in the county. Such notice shall state the place at which the text and maps as certified by the planning commission may be examined. No change in or departure from the text or maps as certified by the regional planning commission shall be made, unless such change or departure be first submitted to the certifying regional planning commission for its approval, disapproval or suggestions, and, if disapproved, shall receive the favorable vote of a majority of the entire membership of the county legislative body. Such planning commission shall have thirty (30) days from and after such submission within which to send its report to the county legislative body. The entire text of a zoning ordinance need not be published in a newspaper. It is sufficient notice if the caption and a complete summary are published at least once in the official newspaper of the county or in a newspaper of general circulation in the county. The summary shall include a statement that a complete copy of the zoning ordinance is available and where such copy may be obtained. The ordinance shall not be in force until the required publication is made. If the zoning ordinance rezones property, a description of the property that is rezoned shall be included in the summary.

Acts 1935, ch. 33, § 4; C. Supp. 1950, § 10268.4; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 13-404; Acts 1985, ch. 162, § 1; 1993, ch. 262, § 1.

Code Commission Notes.

Acts 1992, private ch. 195, pertains to county zoning in Giles County, although it purported to amend general law. For this reason the governor returned the act without signature.

NOTES TO DECISIONS

1. In General.

Where a zoning resolution has been adopted without proper procedure, the procedural defects can be cured by reenactment of the resolution by proper procedure. Hutcherson v. Criner, 11 S.W.3d 126, 1999 Tenn. App. LEXIS 461 (Tenn. Ct. App. 1999), rehearing denied, — S.W.3d —, 1999 Tenn. App. LEXIS 542 (Tenn. Ct. App. Aug. 10, 1999).

13-7-105. Amendments of zoning ordinance provisions — Procedure.

  1. The county legislative body may, from time to time, amend the number, shape, boundary, area or any regulation of or within any district or districts or any other provision of any zoning ordinance; but any such amendment shall not be made or become effective unless the same be first submitted for approval, disapproval or suggestions to the regional planning commission of the region in which the territory covered by the ordinance is located, and, if such regional planning commission disapproves within thirty (30) days after such submission, such amendment shall require the favorable vote of a majority of the entire membership of the county legislative body.
  2. Prior to adopting an amendment as authorized under subsection (a), the county legislative body shall hold a public hearing on the amendment, with at least fifteen (15) days' notice of the time and place to be given by at least one (1) publication in a newspaper of general circulation in the county. A complete summary of the amendment shall be published at least once in the official newspaper of the county or in a newspaper of general circulation in the county. The summary shall include a statement that a complete copy of the amendment is available and where the copy may be obtained. If the zoning ordinance rezones property, a description of the property that is rezoned shall be included in the summary.
  3. Notwithstanding this part or any other law to the contrary, any county having a charter form of government, adopted pursuant to title 5, chapter 1, part 2, may amend its zoning ordinance by means of resolution; and all zoning amendments passed by resolution prior to July 1, 1996, shall be deemed to be valid and shall not be attacked on the grounds that the amendments were accomplished by means of resolution rather than by ordinance.

Acts 1935, ch. 33, § 5; C. Supp. 1950, § 10268.5; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 13-405; Acts 1989, ch. 34, § 1; 1993, ch. 244, §§ 1, 2; 1993, ch. 262, §§ 2, 3; 1996, ch. 715, § 1; 1997, ch. 69, § 1; 2016, ch. 577, § 1.

Compiler's Notes. Acts 1997, ch. 69, § 1 provided that the amendment by that act is intended to give effect to the legislative intent of having the amendment by Acts 1996, ch. 715, have application at the beginning of the 1996-1997 fiscal year, and that, for that purpose, this section shall have retroactive application to July 1, 1996.

For table of U.S. decennial populations of Tennessee counties, see Volume 13 and its supplement.

Textbooks. Tennessee Jurisprudence, 26 Tenn. Juris., Zoning, § 3.

Law Reviews.

Local Government Law — 1955 Tennessee Survey (Clyde L. Ball), 8 Vand. L. Rev. 1061.

Attorney General Opinions. Review of zoning plans and amendments by regional planning commission of each affected region, OAG 99-150, 1999 Tenn. AG LEXIS 158 (8/16/99).

NOTES TO DECISIONS

1. Amendment by Resolution.

County court (now county legislative body) may create a planning commission and rezone areas outside incorporated limits by a resolution clearly setting out its intent to rezone specific property rather than by ordinance as referred to in this section. Clapp v. Knox County, 197 Tenn. 422, 273 S.W.2d 694, 1954 Tenn. LEXIS 504 (1954).

2. Notice of Hearing — Contents.

The publication of a notice of hearing of an amendment for rezoning under this section need not set out the amendment if the publication sets out substantially the time and place of the hearing, a description of the property to be rezoned, and the petitioner for rezoning. Clapp v. Knox County, 197 Tenn. 422, 273 S.W.2d 694, 1954 Tenn. LEXIS 504 (1954).

The requirements as to the giving of such notices of a hearing upon a petition for an amendment or a change in the zoning regulations must be substantially complied with; the same is true with regard to the publication requirement. Hutcherson v. Criner, 11 S.W.3d 126, 1999 Tenn. App. LEXIS 461 (Tenn. Ct. App. 1999), rehearing denied, — S.W.3d —, 1999 Tenn. App. LEXIS 542 (Tenn. Ct. App. Aug. 10, 1999).

The publication of a notice of hearing of an amendment for rezoning need not set out the amendment if the publication sets out substantially the time and place of the hearing and a description of the property to be rezoned. Hutcherson v. Criner, 11 S.W.3d 126, 1999 Tenn. App. LEXIS 461 (Tenn. Ct. App. 1999), rehearing denied, — S.W.3d —, 1999 Tenn. App. LEXIS 542 (Tenn. Ct. App. Aug. 10, 1999).

Published notice which did not mention that the proposed amendment concerned landfills and the removing of landfills as “uses permitted on appeal” in particular districts, was misleading and failed to give necessary information to interested parties. Hutcherson v. Criner, 11 S.W.3d 126, 1999 Tenn. App. LEXIS 461 (Tenn. Ct. App. 1999), rehearing denied, — S.W.3d —, 1999 Tenn. App. LEXIS 542 (Tenn. Ct. App. Aug. 10, 1999).

3. —Person by Whom Given.

Notice of hearing on petition for amendment to rezone need not be given by a public official. Clapp v. Knox County, 197 Tenn. 422, 273 S.W.2d 694, 1954 Tenn. LEXIS 504 (1954).

4. Zoning Appeals Boards.

The board of zoning appeals has neither the power to zone nor to amend the zoning ordinance; that power is in the county legislative body. Merritt v. Wilson County Bd. of Zoning Appeals, 656 S.W.2d 846, 1983 Tenn. App. LEXIS 697 (Tenn. Ct. App. 1983).

5. Resubmission of rejected amendment.

T.C.A. § 13-7-105(a) mandated submission of a newly proposed zoning classification amendment to the regional planning commission following the commission's rejection of a similar but different proposed classification. Westland West Community Ass'n v. Knox County, 948 S.W.2d 281, 1997 Tenn. LEXIS 349 (Tenn. 1997).

6. Procedural Defects.

Where a zoning resolution has been adopted without proper procedure, the procedural defects can be cured by reenactment of the resolution by proper procedure. Hutcherson v. Criner, 11 S.W.3d 126, 1999 Tenn. App. LEXIS 461 (Tenn. Ct. App. 1999), rehearing denied, — S.W.3d —, 1999 Tenn. App. LEXIS 542 (Tenn. Ct. App. Aug. 10, 1999).

Where notice of a proposed zoning reclassification to allow a shooting range involved ten acres, but the adopted resolution stated ninety acres, the ordinance was void ab initio and the statute of limitations was no defense because: (1) The resolution qualified as a zoning amendment which required specific procedures; (2) The county legislative body had no jurisdiction to act on the proposed amendment since the alteration was so substantial that there should have been a resubmission of the proposed amendment to the planning commission; and (3) The record did not establish the requisite public or private reliance for an exception to the application of the void ab initio doctrine. Edwards v. Allen, 216 S.W.3d 278, 2007 Tenn. LEXIS 144 (Tenn. 2007).

7. Rezoning Requests.

In regard to the property owners'  action against the county commission regarding rezoning, the commission complied with applicable notice requirements; the rezoning request property was before the commission pursuant to T.C.A. § 13-7-105(a); the commission complied with its procedural rules pertaining to substitute motions; there was no violation of the Open Meetings Act, T.C.A. § 8-44-101 et seq.; the commission meeting on August 21, 2006, complied with the requirements of the Act; and the commission was therefore entitled to summary judgment as a matter of law. Lewis v. Cleveland Mun. Airport Auth., 289 S.W.3d 808, 2008 Tenn. App. LEXIS 808 (Tenn. Ct. App. Sept. 11, 2008).

13-7-106. Creation of county board of zoning appeals — Appointment of members — Terms — Vacancies — Training and continuing education.

  1. The legislative body of any county which enacts zoning regulations under the authority of this part shall create a county board of zoning appeals of three (3), five (5), seven (7), or nine (9) members. In any county which has adopted a charter form of government as provided in the Constitution of Tennessee, article VII, § 1, and by § 5-1-201, and which has a population of less than six hundred thousand (600,000), according to the 1980 federal census or any subsequent federal census, the legislative body of any such county which enacts zoning regulations under the authority of this part shall create a county board of zoning appeals of five (5), seven (7) or nine (9) members. The county legislative body shall be the appointing power of the members of such board of appeals and may fix their compensation and their terms, which terms shall be of such length and so arranged that the term of one (1) member will expire each year. In any county which has adopted a charter form of government as provided in the Constitution of Tennessee, article VII, § 1, and by § 5-1-201, and which has a population of less than six hundred thousand (600,000), according to the 1980 federal census or any subsequent federal census, the county legislative body shall arrange their terms in any fashion so long as no member's term exceeds five (5) years in length. The county legislative body may remove any member for cause upon written charges and after a public hearing. Vacancies shall be filled for unexpired terms in the same manner as in the case of original appointments. The county legislative body may appoint associate members of the board, and, in the event that any regular member be temporarily unable to act owing to absence from the county, illness, interest in a case before the board, or other cause, such associate member's place may be taken during such temporary disability by an associate member designated for the purpose by the county legislative body. The county legislative bodies of two (2) or more counties may, by ordinances enacted by both or all of them, arrange and provide for a joint or common board of zoning appeals.
    1. Each board of zoning appeals member shall, within one (1) year of initial appointment and each calendar year thereafter, attend a minimum of four (4) hours of training and continuing education in one (1) or more of the subjects listed in subdivision (b)(5).
    2. Each full-time or contract building commissioner or professional planner or other administrative official whose duties include advising the board of zoning appeals shall, each calendar year, attend a minimum of eight (8) hours of training and continuing education in one (1) or more of the subjects listed in subdivision (b)(5). A professional planner who is a member of the American Institute of Certified Planners (AICP) shall be exempt from this requirement.
    3. Each of the individuals listed in subdivisions (b)(1) and (2) shall certify by December 31 of each calendar year such individual's attendance by a written statement filed with the secretary of such individual's respective board of zoning appeals. Each statement shall identify the date of each program attended, its subject matter, location, sponsors, and the time spent in each program.
    4. The legislative body of the county shall be responsible for paying the training and continuing education course registration and travel expenses for each board of zoning appeals member and full-time building commissioner or other administrative official whose duties include advising the board of zoning appeals.
    5. The subjects for the training and continuing education required by subdivisions (b)(1) and (2) shall include, but not be limited to, the following: land use planning; zoning; flood plain management; transportation; community facilities; ethics; public utilities; wireless telecommunications facilities; parliamentary procedure; public hearing procedure; land use law; natural resources and agricultural land conservation; economic development; housing; public buildings; land subdivision; and powers and duties of the board of zoning appeals. Other topics reasonably related to the duties of the board of zoning appeals and the building commissioner or other administrative official whose duties include advising the board of zoning appeals may be approved by majority vote of the board of zoning appeals prior to December 31 of the year for which credit is sought.
    6. Each local board of zoning appeals shall keep in its official public record originals of all statements and the written documentation of attendance required to comply with these provisions for three (3) years after the calendar year in which each statement and appurtenant written documentation is filed.
    7. Each board of zoning appeals member and each building commissioner or other administrative official whose duties include advising the board of zoning appeals shall be responsible for obtaining written documentation signed by a representative of the sponsor of any training and continuing education course for which credit is claimed, acknowledging the fact that the individual attended the program for which credit is claimed.
    8. If a board of zoning appeals member fails to complete the requisite number of hours of training and continuing education within the time allotted by this subsection (b) or fails to file the statement required by this subsection (b), then this shall constitute a cause for the removal of the board of zoning appeals member from the board of zoning appeals.
    9. The legislative body of the county may, at any time, opt out of this subsection (b) by passage of a resolution. Further any such legislative body that has opted out may, at a later date, opt in by passage of a resolution.

Acts 1935, ch. 33, § 6; C. Supp. 1950, § 10268.6; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 13-406; Acts 1991, ch. 521, § 1; 1993, ch. 184, § 1; 2002, ch. 862, § 5; 2009, ch. 47, § 10; 2016, ch. 693, § 1.

Compiler's Notes. For table of U.S. decennial populations of Tennessee counties, see Volume 13 and its supplement.

Acts 2002, ch. 862, § 1 provided that the act shall be known and may be cited as the “Planning Commission and Board of Zoning Appeals Training and Continuing Education Act of 2002.”

Law Reviews.

Judicial Review and the Uniform Administrative Procedures Act (Toxey H. Sewell), 6 Mem. St. U.L. Rev. 253.

Attorney General Opinions. Exclusive authority of county legislative body to appoint board members, OAG 94-143, 1994 Tenn. AG LEXIS 169 (12/13/94).

NOTES TO DECISIONS

1. Agency Authorized to Act.

Authority to appoint county building commissioner and electrical and plumbing inspectors and appointing an employment authority as to county building department and county building code board of appeals was vested in county board of commissioners rather than quarterly court (now county legislative body) by private act. Shelby County Board of Comm'rs v. Shelby County Quarterly Court, 216 Tenn. 470, 392 S.W.2d 935, 1965 Tenn. LEXIS 592 (1965).

2. Judicial Review.

The remedy of certiorari provided by T.C.A. §§ 27-8-101, 27-9-101–27-9-113, rather than a declaratory judgment action, T.C.A. §§ 29-14-101 through 29-14-113, will continue to be the proper remedy for one who seeks to overturn the determination of a Board of Zoning Appeals as provided by T.C.A. § 13-7-106 et seq. and T.C.A. § 13-7-205 et seq.Steppach v. Thomas, 346 S.W.3d 488, 2011 Tenn. App. LEXIS 91 (Tenn. Ct. App. Feb. 28, 2011), appeal denied, — S.W.3d —, 2011 Tenn. LEXIS 736 (Tenn. July 15, 2011).

13-7-107. Rules of procedure and jurisdiction of board of appeals.

    1. The county legislative body may provide and specify, in its zoning or other ordinance, general rules to govern the organization, procedure and jurisdiction of the board of appeals, which rules shall not be inconsistent with this part, and the board may adopt supplemental rules of procedure, not inconsistent with such sections or such general rules.
    2. The supplemental rules of procedure may address, but shall not be limited to, the following:
      1. Maintenance of a record of the board's resolutions, transactions, motions and actions, which shall be a public record;
      2. Election from its membership of a chair and other officers as the board deems necessary; and
      3. The inclusion of statements of reasons for the board's actions as part of each motion or action, including such findings of fact and statements of material evidence as the board may deem pertinent.
  1. The zoning ordinance may provide that the board of appeals may, in appropriate cases and subject to appropriate principles, standards, rules, conditions and safeguards set forth in the ordinance, make special exceptions to the terms of the zoning regulations in harmony with their general purpose and intent. The county legislative body may also authorize the board of appeals to interpret the zoning maps and pass upon disputed questions of lot lines or district boundary lines or similar questions as they arise in the administration of the zoning regulations.

Acts 1935, ch. 33, § 6; C. Supp. 1950, § 10268.6; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 13-407; Acts 2011, ch. 279, § 1.

NOTES TO DECISIONS

1. Appellate Review.

Nowhere does the enabling legislation regarding zoning reflect that a county legislative body may retain unto itself the right of appellate review of an administrative act of the regional planning commission of the region over which the legislative body has jurisdiction. State ex rel. Browning-Ferris Industries, Inc. v. Board of Comm'rs, 806 S.W.2d 181, 1990 Tenn. App. LEXIS 814 (Tenn. Ct. App. 1990), appeal denied, State v. Bd. of Comm'rs, 1991 Tenn. LEXIS 64 (Tenn. Feb. 4, 1991).

2. Procedural Defects.

Where notice of a proposed zoning reclassification to allow a shooting range involved ten acres, but the adopted resolution stated ninety acres, the ordinance was void ab initio and the statute of limitations was no defense because: (1) The resolution qualified as a zoning amendment which required specific procedures; (2) The county legislative body had no jurisdiction to act on the proposed amendment since the alteration was so substantial that there should have been a resubmission of the proposed amendment to the planning commission; and (3) The record did not establish the requisite public or private reliance for an exception to the application of the void ab initio doctrine. Edwards v. Allen, 216 S.W.3d 278, 2007 Tenn. LEXIS 144 (Tenn. 2007).

13-7-108. Persons taking appeals.

Appeals to the board of appeals may be taken by any person aggrieved, or by any officer, department or board of the county affected, by any grant or withholding of a building permit or by any other decision of a building commissioner or other administrative official, based in whole or in part upon any ordinance under this part.

Acts 1935, ch. 33, § 6; C. Supp. 1950, § 10268.6; T.C.A. (orig. ed.), § 13-408.

Attorney General Opinions. Zoning appeals by county legislative body—private property owner’s application for special use exception.  OAG 10-108, 2010 Tenn. AG LEXIS 114 (10/28/10).

NOTES TO DECISIONS

1. Appellate Review.

Nowhere does the enabling legislation regarding zoning reflect that a county legislative body may retain unto itself the right of appellate review of an administrative act of the regional planning commission of the region over which the legislative body has jurisdiction. State ex rel. Browning-Ferris Industries, Inc. v. Board of Comm'rs, 806 S.W.2d 181, 1990 Tenn. App. LEXIS 814 (Tenn. Ct. App. 1990), appeal denied, State v. Bd. of Comm'rs, 1991 Tenn. LEXIS 64 (Tenn. Feb. 4, 1991).

The board of commissioners has no appellate review authority under the Knox County zoning resolution over the actions of the metropolitan planning commission or any of its administrative staff in the issuance or denial of a building permit in accordance with the provisions of the zoning resolution. State ex rel. Browning-Ferris Industries, Inc. v. Board of Comm'rs, 806 S.W.2d 181, 1990 Tenn. App. LEXIS 814 (Tenn. Ct. App. 1990), appeal denied, State v. Bd. of Comm'rs, 1991 Tenn. LEXIS 64 (Tenn. Feb. 4, 1991).

Property owner was required to exhaust the administrative remedies by appealing the zoning official's stop work order to the Board of Zoning Appeals because, when the owner sought a declaration that it had a vested right to operate a rock quarry on the property and that it had established a preexisting nonconforming use of quarrying, pursuant to T.C.A. § 13-7-208 and Article 6.2 of the Jefferson County, Tenn., Zoning Resolution, it did not argue that the county ordinance was invalid or that the state statutes were invalid. Ready Mix, USA, LLC v. Jefferson County, — S.W.3d —, 2011 Tenn. App. LEXIS 305 (Tenn. Ct. App. June 9, 2011), rev'd, Ready Mix, USA, LLC v. Jefferson County, 380 S.W.3d 52, 2012 Tenn. LEXIS 621 (Tenn. Aug. 30, 2012).

Applicability of a zoning ordinance to the operations of a property owner's business presented a question of law, when the owner invoked the protections of T.C.A. § 13-7-208 and asserted that it had established a preexisting nonconforming use before an ordinance went into effect, and, therefore, did not require the exhaustion of administrative remedies. Ready Mix, USA, LLC v. Jefferson County, 380 S.W.3d 52, 2012 Tenn. LEXIS 621 (Tenn. Aug. 30, 2012).

13-7-109. Powers of board of appeals.

The board of appeals has the power to:

  1. Hear and decide appeals where it is alleged by the appellant that there is error in any order, requirement, decision or refusal made by the county building commissioner or any other administrative official in the carrying out or enforcement of any ordinance enacted pursuant to this part;
  2. Hear and decide, in accordance with the provisions of any such ordinance, requests for special exceptions or for interpretation of the map or for decisions upon other special questions upon which such board is authorized by any such ordinance to pass; and
  3. Where, by reason of exceptional narrowness, shallowness, or shape of a specific piece of property at the time of the enactment of the regulation or by reason of exceptional topographic conditions or other extraordinary and exceptional situation or condition of such piece of property, the strict application of any regulation enacted under such sections would result in peculiar and exceptional practical difficulties to or exceptional and undue hardship upon the owner of such property, authorize, upon an appeal relating to the property, a variance from such strict application so as to relieve such difficulties or hardship; provided, that such relief may be granted without substantial detriment to the public good and without substantially impairing the intent and purpose of the zone plan and zoning ordinances.

Acts 1935, ch. 33, § 6; C. Supp. 1950, § 10268.6; T.C.A. (orig. ed.), § 13-409.

NOTES TO DECISIONS

1. Exercise of Zoning Powers.

The board of zoning appeals has neither the power to zone nor to amend the zoning ordinance; that power is in the county legislative body. Merritt v. Wilson County Bd. of Zoning Appeals, 656 S.W.2d 846, 1983 Tenn. App. LEXIS 697 (Tenn. Ct. App. 1983).

2. Appellate Review.

Nowhere does the enabling legislation regarding zoning reflect that a county legislative body may retain unto itself the right of appellate review of an administrative act of the regional planning commission of the region over which the legislative body has jurisdiction. State ex rel. Browning-Ferris Industries, Inc. v. Board of Comm'rs, 806 S.W.2d 181, 1990 Tenn. App. LEXIS 814 (Tenn. Ct. App. 1990), appeal denied, State v. Bd. of Comm'rs, 1991 Tenn. LEXIS 64 (Tenn. Feb. 4, 1991).

The board of commissioners has no appellate review authority under the Knox County zoning resolution over the actions of the metropolitan planning commission or any of its administrative staff in the issuance or denial of a building permit in accordance with the provisions of the zoning resolution. State ex rel. Browning-Ferris Industries, Inc. v. Board of Comm'rs, 806 S.W.2d 181, 1990 Tenn. App. LEXIS 814 (Tenn. Ct. App. 1990), appeal denied, State v. Bd. of Comm'rs, 1991 Tenn. LEXIS 64 (Tenn. Feb. 4, 1991).

Property owner was required to exhaust the administrative remedies by appealing the zoning official's stop work order to the Board of Zoning Appeals because, when the owner sought a declaration that it had a vested right to operate a rock quarry on the property and that it had established a preexisting nonconforming use of quarrying, pursuant to T.C.A. § 13-7-208 and Article 6.2 of the Jefferson County, Tenn., Zoning Resolution, it did not argue that the county ordinance was invalid or that the state statutes were invalid. Ready Mix, USA, LLC v. Jefferson County, — S.W.3d —, 2011 Tenn. App. LEXIS 305 (Tenn. Ct. App. June 9, 2011), rev'd, Ready Mix, USA, LLC v. Jefferson County, 380 S.W.3d 52, 2012 Tenn. LEXIS 621 (Tenn. Aug. 30, 2012).

Applicability of a zoning ordinance to the operations of a property owner's business presented a question of law, when the owner invoked the protections of T.C.A. § 13-7-208 and asserted that it had established a preexisting nonconforming use before an ordinance went into effect, and, therefore, did not require the exhaustion of administrative remedies. Ready Mix, USA, LLC v. Jefferson County, 380 S.W.3d 52, 2012 Tenn. LEXIS 621 (Tenn. Aug. 30, 2012).

13-7-110. Building commissioner — Position established — Permits.

Any county legislative body may provide for the enforcement of its zoning regulations by means of the withholding of building permits and, for such purpose, may establish the position of county building commissioner and may fix the compensation attached to such position. The county building commissioner shall be appointed by the county mayor, subject to the confirmation of the county legislative body. From and after the establishment of such position and the filling of same, it is unlawful to erect, construct, reconstruct, alter or use any building or other structure within the territory covered by such zoning regulations without obtaining a building permit from such county building commissioner, and such building commissioner shall not issue any permit unless the plans for the proposed erection, construction, reconstruction, alteration or use fully conform to all zoning regulations then in effect.

Acts 1935, ch. 33, § 7; C. Supp. 1950, § 10268.7; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 13-410; Acts 1999, ch. 308, § 1; 2003, ch. 90, § 2; 2003, ch. 330, § 1.

Compiler's Notes. Acts 2003, ch. 90, § 2, directed the code commission to change all references from “county executive” to “county mayor” and to include all such changes in supplements and replacement volumes for the Tennessee Code Annotated.

Attorney General Opinions. Exclusive authority of county legislative body to appoint commissioner, OAG 94-143, 1994 Tenn. AG LEXIS 169 (12/13/94).

County government authority to regulate an electric utility, OAG 07-028, 2007 Tenn. AG LEXIS 28 (3/12/07).

NOTES TO DECISIONS

1. Agency Authorized to Act.

Authority to establish and fill office of county building commissioner and to fix his compensation and to appoint plumbing and electrical inspectors had been vested in county board of commissioners rather than quarterly court (now county legislative body) by private act. Shelby County Board of Comm'rs v. Shelby County Quarterly Court, 216 Tenn. 470, 392 S.W.2d 935, 1965 Tenn. LEXIS 592 (1965).

13-7-111. Violation of regulations — Penalties — Modes of enforcement and remedies.

It is unlawful to erect, construct, reconstruct, alter, maintain or use any building or structure or to use any land in violation of any regulation in any provision of any ordinance or any amendment thereof enacted or adopted by any county legislative body under the authority of this part. A violation of this part is a Class C misdemeanor. Each and every day during which such illegal erection, construction, reconstruction, alteration, maintenance or use continues is deemed a separate offense. In case any building or structure is or is proposed to be erected, constructed, reconstructed, altered, maintained or used or any land is or is proposed to be used in violation of this part or of any regulation or provision enacted or adopted by any county legislative body under the authority granted by this part, such county legislative body, the attorney general and reporter, the district attorney general for the judicial district in which such violation occurs or is threatened, the county building commissioner or any adjacent or neighboring property owner who would be specially damaged by such violation, in addition to other remedies provided by law, may institute injunction, mandamus, abatement or any other appropriate action, actions, proceeding or proceedings to prevent, enjoin or abate or remove such unlawful erection, construction, reconstruction, alteration, maintenance or use.

Acts 1935, ch. 33, § 8; C. Supp. 1950, § 10268.8; modified; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 13-411; Acts 1989, ch. 591, § 113.

Cross-References. Penalty for Class C misdemeanor, § 40-35-111.

13-7-112. Regulations conflicting with other laws.

Wherever the regulations made under authority of this part require a greater width or size of yards, courts or other open spaces, or require a lower height of buildings or less number of stories, or require a greater percentage of lot to be unoccupied, or impose other higher standards than are required in any other statute, the regulations made under authority of this part shall govern. Whenever any other statute requires a greater width or size of yards, courts or other open spaces, or require a greater percentage of lot to be left unoccupied, or impose other higher standards than are required by the standards that are required by the regulations made under authority of this part, the provisions of such statute shall govern.

Acts 1935, ch. 33, § 9; C. Supp. 1950, § 10268.9; T.C.A. (orig. ed.), § 13-412.

13-7-113. “Regional planning commission” defined.

For the purposes of this part, “regional planning commission” means any regional planning commission established by the [former] state planning office as authorized by law, and includes any municipal planning commission designated by the state planning office, as authorized by law, as the regional planning commission of a planning region composed of the territory of a single municipality, together with territory adjoining but outside of such municipality.

Acts 1935, ch. 33, § 10; C. Supp. 1950, § 10268.10; impl. am. Acts 1972, ch. 542, § 15; T.C.A. (orig. ed.), § 13-413.

Compiler's Notes. The state planning office, referred to in this section, was abolished by Acts 1995, ch. 501, effective June 12, 1995.

Cross-References. “Regional planning commission” defined, § 13-3-401.

13-7-114. Construction — Building permits — Agricultural use of land — Land located in special flood hazard area.

  1. This part shall not be construed as authorizing the requirement of building permits nor providing for any regulation of the erection, construction, or reconstruction of any building or other structure on lands now devoted to agricultural uses or which may hereafter be used for agricultural purposes, except on agricultural lands adjacent or in proximity to state federal-aid highways, public airports or public parks; provided, that such building or structure is incidental to the agricultural enterprise. Nor shall this chapter be construed as limiting or affecting in any way or controlling the agricultural uses of land.
  2. For purposes of this section, buildings used as residences by farmers and farm workers are “incidental to the agricultural enterprise”.
    1. Notwithstanding subsection (a) or any other law to the contrary, a county participating in the national flood insurance program shall regulate buildings and development on land located in a special flood hazard area identified on the flood insurance rate map adopted by the county for purposes of participating in the national flood insurance program, but only to the minimum extent necessary to comply with the national flood insurance program.
    2. Subdivision (c)(1) shall apply only to the regulation of buildings and development on land located within the one hundred-year floodplain.

Acts 1935, ch. 33, § 11; 1941, ch. 86, § 1; C. Supp. 1950, § 10268.11; T.C.A. (orig. ed.), § 13-414; Acts 2014, ch. 524, § 1; 2015, ch. 192, § 1.

Attorney General Opinions. County zoning of residential structures on land used for agricultural purposes.  OAG 13-80, 2013 Tenn. AG LEXIS 81 (10/22/13).

County zoning of buildings used as residences by farmers and farm workers. OAG 14-79, 2014 Tenn. AG LEXIS 82 (9/4/14).

The definition of “agriculture” in T.C. A. §§ 1-3-105(a)(2)(A) and 43-1-113(b)(1) applies  in determining the meaning of “agricultural” as used in T.C.A. § 5-1-118(b), T.C.A. § 5-1-122, and T.C.A. § 13-7-114. AG LEXIS 35 (7/26/2017).

Based on the applicable definitions of “agriculture” and “agricultural,” concentrated animal feeding operations (CAFOs) clearly involve “agricultural” activities and the “agricultural” use of land and structures. Thus, a county is not authorized to regulate CAFOs under its zoning powers or its general powers. T.C.A. § 44-18-104 merely sets forth which zoning requirements and regulations apply when determining whether a feedlot, dairy farm, or poultry production house is to be afforded absolute immunity from a nuisance claim, but it does not provide authority for a county to enact zoning requirements or regulations. T.C.A. § 13-7-114, which prevents counties from using their zoning power to regulate structures and land used for agricultural purposes, is not in conflict with T.C.A. § 44-18-104 because there is no independent source of zoning power bestowed upon any local entity under this right-to-farm law. T.C.A § 44-18-104(b) and (d) do not direct compliance with the section when no zoning requirements or regulations exist. When no zoning requirements or regulations exist, these provisions convey that a person’s compliance with the section is deemed to be established as a matter of law. OAG 18-30, 2018 Tenn. AG LEXIS 29 (7/6/2018).

NOTES TO DECISIONS

1. Applicability.

Owners and operators of a farm, who operated a pumpkin patch and corn maze and conducted concerts on their property, were protected from the application of the local zoning laws by the Tennessee Right-to-Farm Act, T.C.A. § 43-26-101 et seq., because their farm activities were sufficient to meet the definition of agritourism. Shore v. Maple Lane Farms, LLC, — S.W.3d —, 2012 Tenn. App. LEXIS 229 (Tenn. Ct. App. Apr. 11, 2012), rev'd, 411 S.W.3d 405, 2013 Tenn. LEXIS 644 (Tenn. Aug. 19, 2013).

Music concerts a neighbor hosted on his farm could not claim the benefit of the exemption from compliance with a county's zoning resolution because they did not fall within the rubric of “agriculture”; without the exemption, a homeowner's evidence established that the neighbor violated both the county zoning resolution and the order of the county board of zoning appeals limiting the concerts to one per year. Shore v. Maple Lane Farms, LLC, 411 S.W.3d 405, 2013 Tenn. LEXIS 644 (Tenn. Aug. 19, 2013).

While the statutory definitions of “agriculture” include recreational and educational activities, they do not include entertainment activities; therefore, entertainment activities occurring on a farm are not an agricultural use that exempts the related land, buildings, or other structures from local zoning regulation. Shore v. Maple Lane Farms, LLC, 411 S.W.3d 405, 2013 Tenn. LEXIS 644 (Tenn. Aug. 19, 2013).

Attorney General Opinions. Tree harvesting regulation, OAG 94-103, 1994 Tenn. AG LEXIS 109 (9/9/94).

County zoning authority to regulate concentrated animal feeding operations, OAG 99-071, 1999 Tenn. AG LEXIS 71 (3/22/99).

13-7-115. Private acts unaffected.

This part shall not be construed as repealing or modifying any provision of any private act heretofore enacted relating to the powers of any county therein designated or of any municipality therein designated, to enact zoning regulations in such county or in territory lying outside of such municipality.

Acts 1935, ch. 33, § 12; 1941, ch. 896, § 2; C. Supp. 1950, § 10268.12; T.C.A. (orig. ed.), § 13-415.

Attorney General Opinions. There is no constitutional requirement that a zoning ordinance be adopted by a two-thirds vote of the local legislative body or in a general election, OAG 04-007, 2004 Tenn. AG LEXIS 7 (1/16/04).

Meaning of “use permitted on review” under Tennessee zoning laws, OAG 06-142, 2006 Tenn. AG LEXIS 164 (9/19/06).

NOTES TO DECISIONS

1. Authority Granted by Private Acts.

This part does not repeal private acts vesting authority to perform functions specified herein in agencies other than quarterly courts [now county legislative bodies]. Shelby County Board of Comm'rs v. Shelby County Quarterly Court, 216 Tenn. 470, 392 S.W.2d 935, 1965 Tenn. LEXIS 592 (1965).

13-7-116. [Reserved.]

  1. No building permit shall be issued until the county building commissioner receives a copy of either a certificate of insurance or a workers' compensation policy as evidence of the existence of workers' compensation insurance.
  2. The county building commissioner shall keep on file such copy of either the certificate of insurance or the workers' compensation policy for the life of the permit. After the building permit has expired, the county building commissioner shall return by mail the copy of the certificate of insurance or the workers' compensation policy within ten (10) working days to the person who obtained the permit.
    1. This section does not apply to those persons who are not required by title 50, chapter 6, to obtain workers' compensation coverage, to any person who performs work on such person's own property in such person's own county of residence, or to any person who directly supervises work on such person's own property in such person's own county of residence.
    2. Persons not required to present evidence of compliance with §§ 50-6-405 and 50-6-406 pursuant to this subsection (c) shall present or sign an affidavit which attests to their exemption from this section. A person authorized to issue building permits who issues a building permit to a person exempted from this section shall keep on file for the life of the permit such affidavit of exemption.
  3. A person authorized to issue building permits, who in good faith accepts an affidavit of exemption, a copy of a certificate of insurance, or a copy of a workers' compensation policy shall not be liable in any criminal or civil action alleging the person obtaining the building permit was subject to §§ 50-6-405 and 50-6-406 and such person did not in fact have workers' compensation coverage. Compliance with this section shall be a rebuttable presumption that the person authorized to issue building permits acted in good faith.
  4. A violation of this section is a Class C misdemeanor.

Acts 1993, ch. 520, § 1; 1999, ch. 520, § 34; 2003, ch. 359, § 11.

Cross-References. Penalty for Class C misdemeanor, § 40-35-111.

13-7-118. Land use plan in certain counties that are in an early action compact or in nonattainment for air quality.

  1. This section applies to any county in the state that either is in an early action compact or is in nonattainment for air quality according to the environmental protection agency as of April 15, 2004.
  2. Any county that qualifies under subsection (a) and whose population according to the 2000 federal census was sixty thousand (60,000) or more and the county as of April 15, 2004, did not have a land use plan, shall adopt a land use plan which states that air quality issues will be considered as part of the county-wide land use plans.

Acts 2004, ch. 901, §§ 1, 2.

Compiler's Notes. For table of U.S. decennial populations of Tennessee counties, see Volume 13 and its supplement.

13-7-119. Compiling of effective zoning ordinance and map — Zoning ordinance and map as public record — Challenge to accuracy.

  1. Any county that has exercised zoning powers under this part shall compile its zoning ordinance and map, as amended, that is in effect so as to be able to provide any member of the public with a current zoning ordinance and map. In that county, the county legislative body shall authenticate, compile, update, keep, maintain and make available the zoning ordinance, map and all amendments as a public record. Any county zoning ordinance and map made available to the public through a compilation made pursuant to this section, whether in electronic or paper form, shall be presumed to be a true and accurate statement of the county's zoning ordinance and map.
  2. Any party challenging the accuracy of any county zoning ordinance or map compiled as currently in effect in accordance with this section, whether in a rezoning proceeding before a county legislative body, an appeal to a board of zoning appeals, a subdivision or site plan approval proceeding before a planning commission or in any judicial proceeding, must prove the inaccuracy of the zoning ordinance or map by clear and convincing evidence.

Acts 2009, ch. 338, § 1.

Part 2
Municipal Zoning

13-7-201. Grant of power.

    1. For the purpose of promoting the public health, safety, morals, convenience, order, prosperity and general welfare, the board of aldermen, board of commissioners or other chief legislative body of any municipality by whatever title designated, and hereinafter designated as “chief legislative body”, is empowered, in accordance with the conditions and the procedure specified in this part and part 3 of this chapter, to regulate the location, height, bulk, number of stories and size of buildings and other structures, the percentage of the lot which may be occupied, the sizes of yards, courts and other open spaces, the density of population, and the uses of buildings, structures and land for trade, industry, residence, recreation, public activities and other purposes, and identify areas where there are inadequate or nonexistent publicly or privately owned and maintained services and facilities when the planning commission has determined the services are necessary in order for development to occur. Special districts or zones may be established in those areas deemed subject to seasonal or periodic flooding, and such regulations may be applied therein as will minimize danger to life and property, and as will secure to the citizens of Tennessee the eligibility for flood insurance under Public Law 1016, 84th Congress or subsequent related laws or regulations promulgated thereunder. Protection and encouragement of access to sunlight for solar energy systems may be considered in promulgating zoning regulations pursuant to this section. Quarrying shall be uniformly defined, for purposes of all municipal zoning regulations, as the extraction, removal and mechanized processing of stone, gravel, phosphate rock, metallic ore, limestone, marble, chert, sand, dimension stone and any other solid mineral or substance of commercial value, except coal and deep metal mining, including, but not limited to zinc, found in natural deposits in the earth, for barter or sale. The definition of quarrying shall not include the reuse of these minerals on the same site from which they are extracted. This definition shall have no effect on the exception contained in § 54-1-128. The removal of borrow material from a site and the placement of the same material on a project site without mechanized processing shall not be considered quarrying.
        1. The transfer of development rights may be provided for in the promulgation of zoning regulations pursuant to this section. The creation, amendment or repeal of any regulations, districts or maps providing for the transfer of development rights shall be in compliance with §§ 13-7-203 and 13-7-204. The transfer of development rights shall not be subject to taxation pursuant to title 67, chapter 4 or 6; provided, that any instruments recorded in the county register's office as the result of the transfer of development rights shall be subject to the fees set out in § 8-21-1001. Any regulations authorizing the transfer of development rights shall provide that conveyances of development rights shall be in writing and shall be recorded in the office of the register of deeds and that whenever transferred development rights are allocated to any property, such allocation shall not become effective until the transferred development rights are noted in an instrument or on a plat and recorded in the office of the register of deeds.
        2. A town, city, county, a county with a metropolitan form of government, the state, or a not-for-profit conservation or preservation organization may be the receiving entity of a development right without allocating or designating the transferred development right to any receiving property under its ownership or control. A town, city, county, a county with a metropolitan form of government, the state or a not-for-profit conservation or preservation organization shall be allowed to receive all or part of the donating property's development rights notwithstanding any local zoning regulations pertaining to any required ratio or amount of land area a receiving property must contain in relation to the land area of the donating property or of the total amount of density that a receiving property may obtain from the donating property.
      1. Subdivision (a)(2) shall be strictly construed with the specific intent to allow a local government to establish its own plan whereby the owners of property in a restrictive area (historical, agricultural, or environmental) can sell the development rights to a developer or another individual and only with the consent of the property owner and through negotiations of development rights in the free marketplace. A property owner may donate, through gift or through testamentary disposition, all or part of the development rights of the owner's property to a town, city, county, a county with a metropolitan form of government, the state, or a not-for-profit conservation or preservation organization. Any town, city, county, county with a metropolitan government, the state, or any not-for-profit conservation or preservation organization may purchase development rights from a property owner with the consent of the property owner and the purchase shall be through negotiations of the development rights in the free marketplace. Any town, city, county, county with a metropolitan government, the state, or any not-for-profit conservation or preservation organization may preserve the purchased or donated development rights unused for a definite or indefinite period of time and may at any time sell the development rights so held to a property owner in a designated receiving area with the purchase being one negotiated in the free marketplace. In order to accept a donation of development rights or for the purchase or sale of developments rights by a town, city, county, or county with a metropolitan government, the donation, purchase or sale must be approved by that government's legislative body.
      2. It is the legislative intent that the provisions of this section relative to the transfer of development rights are permissive and not mandatory. Such rights shall only be transferred by contract and not by operation of law.
  1. In any county having a population of not less than two hundred eighty-seven thousand seven hundred (287,700) nor greater than two hundred eighty-seven thousand eight hundred (287,800), according to the 1980 federal census or any subsequent federal census, the chief legislative body of any municipality is further authorized and empowered to rezone properties conditionally or based upon contract, where the agreed conditions are designed to ameliorate injuries created by the rezoning to surrounding property interests or to municipal interests.
  2. In any county having a population of not less than eighty-five thousand eight hundred (85,800) nor greater than eighty-six thousand one hundred (86,100), according to the 1990 federal census or any subsequent federal census, any municipality may, by ordinance or amendment adopted by a two-thirds (2/3) vote of its legislative body, rezone properties conditionally or based upon contract, where the agreed conditions are designed to ameliorate injuries created by the rezoning to surrounding property interests or to municipal interests.

Acts 1935, ch. 44, § 1; C. Supp. 1950, § 3407.1; Acts 1957, ch. 306, § 1; 1979, ch. 259, § 9; T.C.A. (orig. ed.), § 13-701; Acts 1984, ch. 952, § 1; 1987, ch. 361, §§ 2, 4; 2001, ch. 265, §§ 5-7; 2001, ch. 409, § 1; 2008, ch. 1150, § 14; 2011, ch. 217, § 2; 2012, ch. 755, § 2.

Compiler's Notes. Public Law 1016, 84th Congress, was compiled in 42 U.S.C. §§ 2401-2421; however, these provisions were repealed by Pub. L. 90-488, § 1377, part of the National Flood Insurance Act of 1968, which is presently compiled in 42 U.S.C. § 4001 et seq.

For table of U.S. decennial populations of Tennessee counties, see Volume 13 and its supplement.

Cross-References. Airport zoning ordinance appeals, hearing by board, §§ 42-6-108, 42-6-109.

Borrow excavations, exemption of certain road work construction from local and regional zoning and planning regulations, § 54-1-128.

Establishment of foreign-trade zones, title 7, ch 85.

Local plans for street and highway systems, title 54, ch. 18, part 2.

Local regulation of junkyards, § 54-20-122.

Zoning classifications, residences of persons with disabilities, title 13, ch. 24, part 1.

Zoning regulations in metropolitan governments, § 7-3-304.

Textbooks. Tennessee Jurisprudence, 19 Tenn. Juris., Municipal Corporations, § 29; 26 Tenn. Juris., Zoning, § 3.

Law Reviews.

Growth and Its Implications: An Evaluation of Tennessee's Growth Management Plan, 67 Tenn. L. Rev. 983 (2000).

Real Property — Zoning Ordinances — Validity, 39 Tenn. L. Rev. 542.

Redefining Trademark Alteration Within the Context of Aesthetic-Based Zoning Laws: A Blockbuster Dilemma, 53 Vand. L. Rev. 717 (2000).

Sunny and Share: Balancing Airspace Entitlement Rights Between Solar Energy Adopters and Their Neighbors, 72 Vand. L. Rev. 1075 (April 2019).

Attorney General Opinions. Jurisdiction and appeals from rulings of board of zoning appeals, OAG 98-082, 1998 Tenn. AG LEXIS 82 (4/8/98).

Statutes which empower municipalities to regulate land use preclude the regulation of agricultural uses of land through zoning ordinances, OAG 08-184, 2008 Tenn. AG LEXIS 229 (12/11/08).

Building permit and plan review fees for construction and/or renovation of a school located within the city limits; applicability of planning and zoning regulations of the city for school district-owned property located within city limits.  OAG 10-27, 2010 Tenn. AG LEXIS 22 (3/8/10).

An ordinance or regulation imposing a design standard is valid unless it violates any state statute or positive constitutional guaranty or unless it is “clearly arbitrary, capricious, or unreasonable, having no substantial relation to the public health, safety, or welfare.”  Accordingly, whether any given ordinance or regulation requiring the observation of appearance-based residential building design standards for the construction of single family dwellings is valid is a fact-intensive inquiry, the answer to which will depend on the particular facts and circumstances related to the particular community.  A given design standard may be reasonable in one community, but not in another. OAG 17-44, 2017 Tenn. AG LEXIS-44 (10/3/2017).

NOTES TO DECISIONS

1. Validity of Ordinances.

Municipal zoning ordinance setting M-1 light industry and M-2 heavy industry zoning classifications, with the only distinction being that the storing and sorting of waste materials was prohibited under M-1, was arbitrary and unreasonable as applied to petitioners engaged in the storage and sale of non-ferrous scrap materials and used automobile batteries and radiators where there were no external manifestations of the nature of the business and there was no showing of reasonableness of the discrimination. Shatz v. Phillips, 225 Tenn. 519, 471 S.W.2d 944, 1971 Tenn. LEXIS 352, 50 A.L.R.3d 828 (1971).

Where plaintiff's property was located in a commercial area but did not qualify for shopping center zoning, plaintiff was entitled to have property zoned for commercial use and could not be forced to join with neighbors in a petition for shopping center zoning. Campbell v. Nance, 555 S.W.2d 407, 1976 Tenn. LEXIS 631 (Tenn. Ct. App. 1976).

Zoning restriction that premises be used as a residence for no more than two families is not such a substantial deprivation of beneficial use of property as to constitute a taking without due process of law. McClurkan v. Board of Zoning Appeals, 565 S.W.2d 495, 1977 Tenn. App. LEXIS 276 (Tenn. Ct. App. 1977).

Emergency demolition ordinance was invalid because it was not enacted in accordance with the planning, public notice, and public hearing provisions of the applicable statutory zoning requirements or the applicable historic zoning statutes governing creation and regulation of historic districts or zones. Cherokee Country Club, Inc. v. City of Knoxville, 152 S.W.3d 466, 2004 Tenn. LEXIS 989 (Tenn. 2004).

City council had authority to enact Knoxville City Code, Appendix B, Zoning Ordinance, art. VII, § 2(E), which permitted a party aggrieved by a zoning decision made by the board of zoning appeals to appeal to the city council because the city council was not prohibited from enacting the ordinance by the enabling statute, T.C.A. § 13-7-201 et seq.; thus, the city council's act of nullifying a variance the board granted a homeowner, which act was taken by pursuant to the ordinance, was valid. Cash v. Wheeler, 356 S.W.3d 913, 2011 Tenn. App. LEXIS 446 (Tenn. Ct. App. Aug. 16, 2011), appeal denied, — S.W.3d —, 2011 Tenn. LEXIS 1177 (Tenn. Dec. 14, 2011).

2. Enabling Acts for Counties and Municipalities.

There is justification for separate enabling acts pertaining to zoning for counties and municipalities since the two differ vastly governmentally and politically, with cities or municipal corporations having substantially broader rights and powers. State ex rel. Browning-Ferris Industries, Inc. v. Board of Comm'rs, 806 S.W.2d 181, 1990 Tenn. App. LEXIS 814 (Tenn. Ct. App. 1990), appeal denied, State v. Bd. of Comm'rs, 1991 Tenn. LEXIS 64 (Tenn. Feb. 4, 1991).

3. Right to Contest Ordinance.

Fact that owners knew of existence of zoning ordinance at time they acquired land did not preclude them from contesting validity of ordinance. Shatz v. Phillips, 225 Tenn. 519, 471 S.W.2d 944, 1971 Tenn. LEXIS 352, 50 A.L.R.3d 828 (1971).

4. Legislative Police Power.

The enactment of municipal zoning ordinances has long been viewed as an exercise of legislative police power. Fiser v. Knoxville, 584 S.W.2d 659, 1979 Tenn. App. LEXIS 314 (Tenn. Ct. App. 1979).

A municipality, under its police powers, may correct an unwise or erroneous zoning which has been previously established by a comprehensive plan of zoning. Keeton v. Gatlinburg, 684 S.W.2d 97, 1984 Tenn. App. LEXIS 3223 (Tenn. Ct. App. 1984).

T.C.A. § 13-7-208(a)(2) gave local government standing to contest a Board of Zoning Appeals' decision granting a permit to change a billboard from static to digital because the statute gave the local government standing to file an “appropriate action” due to a zoning code violation, including a certiorari petition. Metro. Gov't v. Bd. of Zoning Appeals of Nashville & Davidson County, — S.W.3d —, 2014 Tenn. App. LEXIS 545 (Tenn. Ct. App. Sept. 3, 2014), aff'd, Metro. Gov't of Nashville & Davidson Cnty. v. Bd. of Zoning Appeals of Nashville & Davidson Cnty., 477 S.W.3d 750, 2015 Tenn. LEXIS 1081 (Tenn. 2015).

5. Judicial Review.

Where a municipal governing body acts under its delegated police powers in zoning matters, judicial review of such action is restricted by constitutional limitations. The court's inquiry is limited as to whether any rational basis exists for the legislative action and if the issue is fairly debatable it must be permitted to stand as valid legislation. Keeton v. Gatlinburg, 684 S.W.2d 97, 1984 Tenn. App. LEXIS 3223 (Tenn. Ct. App. 1984).

Enabling statutes set forth in T.C.A. § 13-7-201 et seq. did not prohibit city council from retaining the right of review of actions of the planning commission approving applicant's request for a use-on-review; city council's decision to deny use-on-review based on evidence that the proposed plan was not in harmony with the surrounding area was not arbitrary or capricious. Wadlyn Corp. v. City of Knoxville, 296 S.W.3d 536, 2008 Tenn. App. LEXIS 749 (Tenn. Ct. App. Dec. 23, 2008).

13-7-202. Zoning plan.

Whenever the planning commission of the municipality makes and certifies to the chief legislative body a zoning plan, including both the full text of a zoning ordinance and the maps, representing the recommendations of the planning commission for the regulation by districts or zones of the location, height, bulk, number of stories and size of buildings and other structures, the percentage of the lot which may be occupied, the size of yards, courts and other open spaces, the density of population, and the uses of buildings, structures and land for trade, industry, residence, recreation, public activities and other purposes, and identify areas where there are inadequate or nonexistent publicly or privately owned and maintained services and facilities when the planning commission has determined the services are necessary in order for development to occur, then the chief legislative body may exercise the powers granted and for the purposes mentioned in § 13-7-201, and may divide the municipality into districts or zones of such number, shape and areas it may determine, and, for such purposes, may regulate the erection, construction, reconstruction, alteration and uses of buildings and structures and the uses of land.

Acts 1935, ch. 44, § 2; C. Supp. 1950, § 3407.2; T.C.A. (orig. ed.), § 13-702; Acts 2008, ch. 1150, § 15.

Attorney General Opinions. An ordinance or regulation imposing a design standard is valid unless it violates any state statute or positive constitutional guaranty or unless it is “clearly arbitrary, capricious, or unreasonable, having no substantial relation to the public health, safety, or welfare.”  Accordingly, whether any given ordinance or regulation requiring the observation of appearance-based residential building design standards for the construction of single family dwellings is valid is a fact-intensive inquiry, the answer to which will depend on the particular facts and circumstances related to the particular community.  A given design standard may be reasonable in one community, but not in another. OAG 17-44, 2017 Tenn. AG LEXIS 44 (10/3/2017).

NOTES TO DECISIONS

1. Recommendations of Planning Commission.

Local legislative bodies may enact zoning plans recommended by planning commissions but they are not obligated to. Family Golf v. Metropolitan Gov't of Nashville, 964 S.W.2d 254, 1997 Tenn. App. LEXIS 688 (Tenn. Ct. App. 1997).

2. Validity of Ordinance.

Emergency demolition ordinance was invalid because it was not enacted in accordance with the planning, public notice, and public hearing provisions of the applicable statutory zoning requirements or the applicable historic zoning statutes governing creation and regulation of historic districts or zones. Cherokee Country Club, Inc. v. City of Knoxville, 152 S.W.3d 466, 2004 Tenn. LEXIS 989 (Tenn. 2004).

13-7-203. Hearing on ordinance or amendment — Notice — Publication — Procedure.

  1. Before enacting the zoning ordinance or any amendment thereof, the chief legislative body shall hold a public hearing thereon, at least fifteen (15) days' notice of the time and place of which shall be published in the official municipal journal or in a newspaper of general circulation in the municipality.
  2. No change in or departure from the text or maps as certified by the planning commission shall be made, unless such change or departure be first submitted to the planning commission and approved by it, or, if disapproved, shall receive the favorable vote of a majority of the entire membership of the chief legislative body.
  3. Notwithstanding the requirements of any municipality's charter to the contrary, the entire text of a comprehensive zoning ordinance need not be published in a newspaper. For those municipalities whose charters do require ordinances to be published in a newspaper, it shall be sufficient for the comprehensive zoning ordinance that its caption and a complete summary be published.

Acts 1935, ch. 44, § 3; C. Supp. 1950, § 3407.3; T.C.A. (orig. ed.), § 13-703; Acts 1984, ch. 811, § 3.

Cross-References. Publication of ordinances, § 6-2-102.

NOTES TO DECISIONS

1. Hearing for Amendment.

Under this section the hearing is a prerequisite to the passage or an adoption of an effective amendment. Holdredge v. Cleveland, 218 Tenn. 239, 402 S.W.2d 709, 1966 Tenn. LEXIS 561 (1966).

2. Validity of Amendment.

Validity of amendment of zoning ordinance which did not comply with mandatory requirements of §§ 29-14-103 and 29-14-104 could be tested under Declaratory Judgments Act. Holdredge v. Cleveland, 218 Tenn. 239, 402 S.W.2d 709, 1966 Tenn. LEXIS 561 (1966).

Failure of a city to submit an ordinance, which had the effect of amending the city's zoning ordinance, to the planning commission before passage rendered the ordinance fatally defective. Haynes v. City of Pigeon Forge, 883 S.W.2d 619, 1994 Tenn. App. LEXIS 98 (Tenn. Ct. App. 1994), appeal denied, 1994 Tenn. LEXIS 241 (Tenn. July 25, 1994).

3. Sufficient Notice.

Eleven days' notice given by town was insufficient under this section and thus amendment to ordinance regulating location of mobile homes was invalid. Town of Surgoinsville v. Sandidge, 866 S.W.2d 553, 1993 Tenn. App. LEXIS 370 (Tenn. Ct. App. 1993).

4. Validity of Ordinance.

Emergency demolition ordinance was invalid because it was not enacted in accordance with the planning, public notice, and public hearing provisions of the applicable statutory zoning requirements or the applicable historic zoning statutes governing creation and regulation of historic districts or zones. Cherokee Country Club, Inc. v. City of Knoxville, 152 S.W.3d 466, 2004 Tenn. LEXIS 989 (Tenn. 2004).

5. Contempt.

On review under T.C.A. § 16-4-108(b), although civil contempt was properly found where a city council took new evidence in a zoning case contrary to a trial court's order, the use of a coercive fine was improper because it was awarded retroactively prior to the finding of contempt; even if the trial court's decision was violative of T.C.A. § 13-7-203, the proper avenue was not to disregard it. Flautt & Mann v. Council of Memphis, 285 S.W.3d 856, 2008 Tenn. App. LEXIS 84 (Tenn. Ct. App. Feb. 20, 2008).

6. Jurisdiction.

Planning Commission's recommendation did not constitute a final order or judgment so as to confer subject matter jurisdiction on the trial court and thus the trial court did not err in dismissing appellant's petition for writ of certiorari for lack of subject matter jurisdiction; the Commission's action was interlocutory because the Commission had no authority to actually order the rezoning, as the power to make a final decision rested with the Board of Mayor and Aldermen. Jack R. Owen Revocable Trust v. City of Germantown Tenn., — S.W.3d —, 2019 Tenn. App. LEXIS 257 (Tenn. Ct. App. May 23, 2019).

13-7-204. Amendments to zoning ordinances.

The zoning ordinance, including the maps, may from time to time be amended; but no amendment shall become effective unless it is first submitted to and approved by the planning commission or, if disapproved, receives the favorable vote of a majority of the entire membership of the chief legislative body.

Acts 1935, ch. 44, § 4; C. Supp. 1950, § 3407.4; T.C.A. (orig. ed.), § 13-704.

Textbooks. Tennessee Jurisprudence, 19 Tenn. Juris., Municipal Corporations, § 33; 26 Tenn. Juris., Zoning, § 9.

NOTES TO DECISIONS

1. Applicability.

Trial court erred in finding that T.C.A. § 13-7-204 did not apply to a board of mayor and aldermen's vote on a homeowner's application to rezone a residential area for office use as the statute was unambiguous and the homeowner needed a majority of the entire board to pass the amendment to a town's zoning ordinance. Depot Prop. v. Town of Arlington, — S.W.3d —, 2011 Tenn. App. LEXIS 34 (Tenn. Ct. App. Jan. 31, 2011).

2. Nature of Statute.

Provision in this section that no amendment shall become effective unless first submitted to the planning commission is mandatory. Holdredge v. Cleveland, 218 Tenn. 239, 402 S.W.2d 709, 1966 Tenn. LEXIS 561 (1966).

3. Validity of Amendment.

Validity of amendment of zoning ordinance which did not comply with mandatory requirements of §§ 29-14-103 and 29-14-104 could be tested under Declaratory Judgments Act. Holdredge v. Cleveland, 218 Tenn. 239, 402 S.W.2d 709, 1966 Tenn. LEXIS 561 (1966).

Failure of a city to submit an ordinance, which had the effect of amending the city's zoning ordinance, to the planning commission before passage rendered the ordinance fatally defective. Haynes v. City of Pigeon Forge, 883 S.W.2d 619, 1994 Tenn. App. LEXIS 98 (Tenn. Ct. App. 1994), appeal denied, 1994 Tenn. LEXIS 241 (Tenn. July 25, 1994).

4. Resubmission.

This section and the municipal code provision require that if a proposed zoning ordinance is amended so substantially that a new proposal is created, it must be resubmitted to the planning commission for its consideration before the municipal legislative body may finally act upon it, as to hold otherwise would defeat the clear intent of the statutory requirement that the legislative body have available, before it acts, the recommendations of the commission. Wilgus v. Murfreesboro, 532 S.W.2d 50, 1975 Tenn. App. LEXIS 193 (Tenn. Ct. App. 1975).

5. —Purpose.

As the purpose of requiring submission to the planning commission is to give the legislative body the advantage of the commission's expertise on land use planning with respect to the proposal that it must either adopt or reject the test on whether the bill must be resubmitted to the commission is whether the revision is so substantial as to create a strong probability that the commission's recommendation would have been affected by the revision. Wilgus v. Murfreesboro, 532 S.W.2d 50, 1975 Tenn. App. LEXIS 193 (Tenn. Ct. App. 1975).

6. —Test.

The test for determining whether a proposed zoning ordinance, as amended, must be resubmitted to a planning commission is not the same as the test for determining whether a proposed ordinance, as amended, must be passed on three different days because it became a new bill and the purposes of the two requirements are not identical. Wilgus v. Murfreesboro, 532 S.W.2d 50, 1975 Tenn. App. LEXIS 193 (Tenn. Ct. App. 1975).

Where the only change in a proposed zoning ordinance was the creation of an area to remain R-2 that would constitute a 20-foot wide buffer zone facing the residential property inside the property to be rezoned B-2 and which would appear to be beneficial rather than detrimental to those who oppose it, the change was not so substantial that resubmission to the planning commission was required, because it was not likely to have any affect on the commission's recommendation. Wilgus v. Murfreesboro, 532 S.W.2d 50, 1975 Tenn. App. LEXIS 193 (Tenn. Ct. App. 1975).

Eleventh-hour revisions to the Knox County zoning resolution concerning landfills were important and substantial enough to require the resubmission of the proposed amendments to the metropolitan planning commission. Inasmuch as this was not done, the amendments to the Knox County zoning resolution adopted by the county board were null and void and of no effect. State ex rel. Browning-Ferris Industries, Inc. v. Board of Comm'rs, 806 S.W.2d 181, 1990 Tenn. App. LEXIS 814 (Tenn. Ct. App. 1990), appeal denied, State v. Bd. of Comm'rs, 1991 Tenn. LEXIS 64 (Tenn. Feb. 4, 1991).

7. Jurisdiction.

Planning Commission's recommendation did not constitute a final order or judgment so as to confer subject matter jurisdiction on the trial court and thus the trial court did not err in dismissing appellant's petition for writ of certiorari for lack of subject matter jurisdiction; the Commission's action was interlocutory because the Commission had no authority to actually order the rezoning, as the power to make a final decision rested with the Board of Mayor and Aldermen. Jack R. Owen Revocable Trust v. City of Germantown Tenn., — S.W.3d —, 2019 Tenn. App. LEXIS 257 (Tenn. Ct. App. May 23, 2019).

13-7-205. Board of appeals — Creation — Appointment of members — Terms — Rules governing organization —Training and continuing education.

    1. The chief legislative body may create a board of zoning appeals of three (3), five (5), seven (7), or nine (9) members, may specify the mode of appointment of members of such board and their terms, which terms shall be of such length and so arranged that the term of one (1) member shall expire each year, or the chief legislative body may designate the planning commission of the municipality as the board of zoning appeals. The compensation of the members of the board shall be as affixed by the chief legislative body; provided, that in those counties having a metropolitan government the chief legislative body may create a board of three (3), five (5), seven (7), or nine (9) members, at least two (2) of whom shall be selected from minorities as well as members of the sex which historically have been under-represented on the board of zoning appeals, subject to this section. If a county with a metropolitan form of government having a population of not less than four hundred seventy thousand (470,000) nor more than five hundred thousand (500,000), according to the 1980 federal census or any subsequent federal census, creates a board of zoning appeals consisting of nine (9) members, at least two (2) of the members thereof shall be appointed consistent with this subsection (a).
    2. In the county town of any county having a population of more than two hundred eighty thousand (280,000), according to the 1990 federal census or any subsequent federal census, the chief legislative body may create a board of zoning appeals of nine (9) members, and may specify the mode of appointment of members of such board and their terms. Such terms shall be of a length and so arranged that the term of one (1) member shall expire each year. This subdivision (a)(2) shall not apply to a county having a charter form of government or any county having a metropolitan form of government.
    3. A municipality having a population of not less than thirty-two thousand eight hundred fifty (32,850) nor more than thirty-four thousand (34,000), according to the 1990 federal census or any subsequent federal census, may increase its board of zoning appeals from five (5) members to seven (7) members, with the terms of such members being arranged in accordance with this subsection (a).
    1. The chief legislative body may provide and specify, in its zoning or other ordinance, general rules to govern the organization and procedure and jurisdiction of the board of appeals, which rules shall not be inconsistent with this part and part 3 of this chapter, and the board of appeals may adopt supplemental rules of procedure, not inconsistent with this part and part 3 of this chapter or such general rules.
    2. The supplemental rules of procedure may address, but shall not be limited to, the following:
      1. Maintenance of a record of the board's resolutions, transactions, motions and actions, which shall be a public record;
      2. Election from its membership of a chair and other officers as the board deems necessary; and
      3. The inclusion of statements of reasons for the board's actions as part of each motion or action, including such findings of fact and statements of material evidence as the board may deem pertinent.
    1. Each board of zoning appeals member shall, within one (1) year of initial appointment and each calendar year thereafter, attend a minimum of four (4) hours of training and continuing education in one (1) or more of the subjects listed in subdivision (c)(5).
    2. Each full-time or contract building commissioner or professional planner or other administrative official whose duties include advising the board of zoning appeals shall, each calendar year, attend a minimum of eight (8) hours of training and continuing education in one (1) or more of the subjects listed in subdivision (c)(5). A professional planner who is a member of the American Institute of Certified Planners (AICP) shall be exempt from this requirement.
    3. Each of the individuals listed in subdivisions (c)(1) and (2) shall certify by December 31 of each calendar year such individual's attendance by a written statement filed with the secretary of such individual's respective board of zoning appeals. Each statement shall identify the date of each program attended, its subject matter, location, sponsors, and the time spent in each program.
    4. The legislative body of the municipality shall be responsible for paying the training and continuing education course registration and travel expenses for each board of zoning appeals member and full-time building commissioner or other administrative official whose duties include advising the board of zoning appeals.
    5. The subjects for the training and continuing education required by subdivisions (c)(1) and (2) shall include, but not be limited to, the following: land use planning; zoning; flood plain management; transportation; community facilities; ethics; public utilities; wireless telecommunications facilities; parliamentary procedure; public hearing procedure; land use law; natural resources and agricultural land conservation; economic development; housing; public buildings; land subdivision; and powers and duties of the board of zoning appeals. Other topics reasonably related to the duties of the board of zoning appeals and the building commissioner or other administrative officials whose duties include advising the board of zoning appeals may be approved by majority vote of the board of zoning appeals prior to December 31 of the year for which credit is sought.
    6. Each local board of zoning appeals shall keep in its official public record originals of all statements and the written documentation of attendance required to comply with these provisions for three (3) years after the calendar year in which each statement and appurtenant written documentation is filed.
    7. Each board of zoning appeals member and each building commissioner or other administrative official whose duties include advising the board of zoning appeals shall be responsible for obtaining written documentation signed by a representative of the sponsor of any training and continuing education course for which credit is claimed, acknowledging the fact that the individual attended the program for which credit is claimed.
    8. If a board of zoning appeals member fails to complete the requisite number of hours of training and continuing education within the time allotted by this subsection (c) or fails to file the statement required by this subsection (c), then this shall constitute a cause for the removal of the board of zoning appeals member from the board of zoning appeals.
    9. The legislative body of the municipality may, at any time, opt out of this subsection (c) by passage of an ordinance. Further any such legislative body that has opted out may, at a later date, opt in by passage of an ordinance.

Acts 1935, ch. 44, § 5; C. Supp. 1950, § 3407.5; Acts 1979, ch. 324, § 1; T.C.A. (orig. ed.), § 13-705; Acts 1988, ch. 845, §§ 1, 2; 1998, ch. 721, § 1; 1999, ch. 78, § 1; 2002, ch. 862, § 6; 2009, ch. 47, § 11; 2011, ch. 279, § 2; 2016, ch. 693, § 2.

Compiler's Notes. For tables of population of Tennessee municipalities, and for U.S. decennial populations of Tennessee counties, see Volume 13 and its supplement.

Acts 2002, ch. 862, § 1 provided that the act shall be known and may be cited as the “Planning Commission and Board of Zoning Appeals Training and Continuing Education Act of 2002.”

Attorney General Opinions. Jurisdiction and appeals from rulings of board of zoning appeals, OAG 98-082, 1998 Tenn. AG LEXIS 82 (4/8/98).

NOTES TO DECISIONS

1. Judicial Review.

T.C.A. § 13-7-205 did not prohibit city council from retaining the right of review of actions of the planning commission approving applicant's request for a use-on-review; city council's decision to deny use-on-review based on evidence that the proposed plan was not in harmony with the surrounding area was not arbitrary or capricious. Wadlyn Corp. v. City of Knoxville, 296 S.W.3d 536, 2008 Tenn. App. LEXIS 749 (Tenn. Ct. App. Dec. 23, 2008).

The remedy of certiorari provided by T.C.A. §§ 27-8-101, 27-9-101–27-9-113, rather than a declaratory judgment action, T.C.A. §§ 29-14-101 through 29-14-113, will continue to be the proper remedy for one who seeks to overturn the determination of a Board of Zoning Appeals as provided by T.C.A. § 13-7-106 et seq. and T.C.A. § 13-7-205 et seq.Steppach v. Thomas, 346 S.W.3d 488, 2011 Tenn. App. LEXIS 91 (Tenn. Ct. App. Feb. 28, 2011), appeal denied, — S.W.3d —, 2011 Tenn. LEXIS 736 (Tenn. July 15, 2011).

T.C.A. § 13-7-208(a)(2) gave local government standing to contest a Board of Zoning Appeals' decision granting a permit to change a billboard from static to digital because the statute gave the local government standing to file an “appropriate action” due to a zoning code violation, including a certiorari petition. Metro. Gov't v. Bd. of Zoning Appeals of Nashville & Davidson County, — S.W.3d —, 2014 Tenn. App. LEXIS 545 (Tenn. Ct. App. Sept. 3, 2014), aff'd, Metro. Gov't of Nashville & Davidson Cnty. v. Bd. of Zoning Appeals of Nashville & Davidson Cnty., 477 S.W.3d 750, 2015 Tenn. LEXIS 1081 (Tenn. 2015).

2. Validity of Ordinances.

City council had authority to enact Knoxville City Code, Appendix B, Zoning Ordinance, art. VII, § 2(E), which permitted a party aggrieved by a zoning decision made by the board of zoning appeals to appeal to the city council because the city council was not prohibited from enacting the ordinance by the enabling statute, T.C.A. § 13-7-201 et seq.; thus, the city council's act of nullifying a variance the board granted a homeowner, which act was taken by pursuant to the ordinance, was valid. Cash v. Wheeler, 356 S.W.3d 913, 2011 Tenn. App. LEXIS 446 (Tenn. Ct. App. Aug. 16, 2011), appeal denied, — S.W.3d —, 2011 Tenn. LEXIS 1177 (Tenn. Dec. 14, 2011).

13-7-206. Jurisdiction of board — Parties to appeals.

  1. The zoning ordinance may provide that the board of appeals may, in appropriate cases and subject to the principles, standards, rules, conditions and safeguards set forth in the ordinance, make special exceptions to the terms of the zoning regulations in harmony with their general purpose and intent. The chief legislative body may also authorize the board of appeals to interpret the zoning maps and pass upon disputed questions of lot lines or district boundary lines or similar questions as they arise in the administration of the zoning regulations.
  2. Appeals to the board of appeals may be taken by any person aggrieved or by any officer, department, board or bureau of the municipality affected by any grant or refusal of a building permit or other act or decision of the building commissioner of the municipality or other administrative official based in whole or part upon this ordinance enacted under this part and part 3 of this chapter.

Acts 1935, ch. 44, § 5; C. Supp. 1950, § 3407.5; T.C.A. (orig. ed.), § 13-706.

Textbooks. Tennessee Jurisprudence, 19 Tenn. Juris., Municipal Corporations, § 34.

Law Reviews.

Extending Standing to Nonresidents — A Response to The Exclusionary Effects of Zoning Fragmentation (Kent H. McMahan), 24 Vand. L. Rev. 341.

Attorney General Opinions. Jurisdiction and appeals from rulings of board of zoning appeals, OAG 98-082, 1998 Tenn. AG LEXIS 82 (4/8/98).

NOTES TO DECISIONS

1. In General.

A board of zoning appeals' jurisdiction is limited in scope to that expressly conferred by statute. Father Ryan High School, Inc. v. Oak Hill, 774 S.W.2d 184, 1988 Tenn. App. LEXIS 725 (Tenn. Ct. App. 1988).

Trial court erred in holding that a city lacked standing to appeal the decision of the metropolitan board of zoning appeals that allowed a billboard to be erected close to the entrance to the city, where the city adequately articulated the substantial, direct, and adverse effects the billboard would have had on it; the city and its public officials met the requirements of T.C.A. §§ 13-7-206(b) and 27-9-101 and Metro. Gov't Nashville & Davidson County, Tenn., Code Laws § 17.402.275. City of Brentwood v. Metro. Bd. of Zoning Appeals, 149 S.W.3d 49, 2004 Tenn. App. LEXIS 82 (Tenn. Ct. App. 2004), appeal denied, — S.W.3d —, 2004 Tenn. LEXIS 803 (Tenn. Sept. 13, 2004).

The scope of T.C.A. § 27-9-101, the statute defining who may file petitions for common-law writ of certiorari is, in fact, the same as the scope of T.C.A. § 13-7-206(b); it empowers “anyone who may be aggrieved by any final order or judgment of any board or commission functioning under the laws of this state” to seek judicial review of the order or judgment using a common-law writ of certiorari. In addition to this statutory requirement, persons seeking judicial review of a board of zoning appeals decision must have been parties to the proceeding before the board. City of Brentwood v. Metro. Bd. of Zoning Appeals, 149 S.W.3d 49, 2004 Tenn. App. LEXIS 82 (Tenn. Ct. App. 2004), appeal denied, — S.W.3d —, 2004 Tenn. LEXIS 803 (Tenn. Sept. 13, 2004).

Neither T.C.A. § 13-7-206(b) nor T.C.A. § 27-9-101, the statute defining who may file petitions for common-law writ of certiorari, expressly limits standing to appeal a metropolitan board of zoning appeals decision to residents or property owners of the area over which the local zoning board has jurisdiction; the absence of that sort of geographic limitation reflects an understanding that one local government's land use decisions may affect a neighboring local government. City of Brentwood v. Metro. Bd. of Zoning Appeals, 149 S.W.3d 49, 2004 Tenn. App. LEXIS 82 (Tenn. Ct. App. 2004), appeal denied, — S.W.3d —, 2004 Tenn. LEXIS 803 (Tenn. Sept. 13, 2004).

Where the landowner, who owned a historical property with a still functioning carriage house, sponsored activities that ranged from low key luncheons to fairly boisterous parties, there was material evidence to support the one-year permit restriction as the Metropolitan Davidson County Board of Zoning Appeals (BZA) had an interest in ascertaining whether a permit holder was abiding by its conditions, and that was especially true given the record evidence of noise and other disturbances caused by the events, and also some prior violations; however, the BZAs imposition of certain clean up deadlines, and restrictions on the landowner's use of his front yard, were not supported by material evidence, as the issues in contention primarily concerned the levels of noise and traffic in the surrounding neighborhood. Demonbreun v. Metro. Bd. of Zoning Appeals, 206 S.W.3d 42, 2005 Tenn. App. LEXIS 767 (Tenn. Ct. App. 2005).

City council had authority to enact Knoxville City Code, Appendix B, Zoning Ordinance, art. VII, § 2(E), which permitted a party aggrieved by a zoning decision made by the board of zoning appeals to appeal to the city council because the city council was not prohibited from enacting the ordinance by the enabling statute, T.C.A. § 13-7-201 et seq.; thus, the city council's act of nullifying a variance the board granted a homeowner, which act was taken by pursuant to the ordinance, was valid. Cash v. Wheeler, 356 S.W.3d 913, 2011 Tenn. App. LEXIS 446 (Tenn. Ct. App. Aug. 16, 2011), appeal denied, — S.W.3d —, 2011 Tenn. LEXIS 1177 (Tenn. Dec. 14, 2011).

2. Ultra Vires.

A municipality may not confer powers upon the board not granted by the enabling statute, and such grant is ultra vires and void. Father Ryan High School, Inc. v. Oak Hill, 774 S.W.2d 184, 1988 Tenn. App. LEXIS 725 (Tenn. Ct. App. 1988).

3. Planning Commission Decisions.

Neither this section nor T.C.A. § 13-7-207 granted a board of zoning appeals authority to review a planning commission decision concerning site plan approval where the decision to approve was not made under authority of zoning ordinance, but was based upon an independent grant of authority in § 13-4-104. Whittemore v. Brentwood Planning Com., 835 S.W.2d 11, 1992 Tenn. App. LEXIS 171 (Tenn. Ct. App. 1992), rehearing denied, — S.W.2d —, 1992 Tenn. App. LEXIS 216 (Tenn. Ct. App. Mar. 4, 1992).

4. Compliance.

Substantial and material evidence supported the denial of a special exception permit application by a metropolitan board of zoning appeals as the board was presented with testimony by neighboring business representatives who expressed concern about the impact of the applicant's proposed waste transfer station on their businesses. The board's decision was not illegal, arbitrary, or capricious as the board's specific concern in the action with protecting the public health, safety, and welfare of adjacent areas was permitted by the zoning code. Venture Holdings, LLC v. Metro. Gov't of Nashville & Davidson Cty., — S.W.3d —, 2019 Tenn. App. LEXIS 202 (Tenn. Ct. App. Apr. 29, 2019).

13-7-207. Powers of board of appeals.

The board of appeals has the power to:

  1. Hear and decide appeals where it is alleged by the appellant that there is error in any order, requirement, permit, decision, or refusal made by the municipal building commissioner or any other administrative official in the carrying out or enforcement of any provision of any ordinance enacted pursuant to this part and part 3 of this chapter;
  2. Hear and decide, in accordance with any such ordinance, requests for special exceptions or for interpretation of the map or for decisions upon other special questions upon which such board is authorized by any such ordinance to pass; and
  3. Where, by reason of exceptional narrowness, shallowness or shape of a specific piece of property at the time of the enactment of the zoning regulation, or by reason of exceptional topographic conditions or other extraordinary and exceptional situation or condition of such piece of property, the strict application of any regulation enacted under this part and part 3 of this chapter would result in peculiar and exceptional practical difficulties to or exception or undue hardship upon the owner of such property, authorize, upon an appeal relating to the property, a variance from such strict application so as to relieve such difficulties or hardship; provided, that such relief may be granted without substantial detriment to the public good and without substantially impairing the intent and purpose of the zone plan and zoning ordinance.

Acts 1935, ch. 44, § 5; C. Supp. 1950, § 3407.5; T.C.A. (orig. ed.), § 13-707.

Textbooks. Tennessee Jurisprudence, 19 Tenn. Juris., Municipal Corporations, § 34.

Attorney General Opinions. Jurisdiction and appeals from rulings of board of zoning appeals, OAG 98-082, 1998 Tenn. AG LEXIS 82 (4/8/98).

NOTES TO DECISIONS

1. Criteria for Issuing Variance.

The board is not authorized to grant a variance when the only hardship to an owner in complying with a zoning regulation is the result of a condition existing not in the land itself but in a structure which was created or altered by an owner of the property in violation of the zoning ordinance. McClurkan v. Board of Zoning Appeals, 565 S.W.2d 495, 1977 Tenn. App. LEXIS 276 (Tenn. Ct. App. 1977).

Pecuniary loss is insufficient by itself to justify a variance. McClurkan v. Board of Zoning Appeals, 565 S.W.2d 495, 1977 Tenn. App. LEXIS 276 (Tenn. Ct. App. 1977).

The characteristics of the land itself are the overriding criteria by which the board is to decide the issue of hardship to an owner, although in some cases other factors presented by a variance applicant might be so closely related to these criteria that the board would be justified in considering them. McClurkan v. Board of Zoning Appeals, 565 S.W.2d 495, 1977 Tenn. App. LEXIS 276 (Tenn. Ct. App. 1977).

Upon certiorari review pursuant to T.C.A. § 27-9-101 et seq., a trial court properly determined that as a property owner's construction project was not addressed in the town zoning ordinance, the owner was not required to seek a variance under T.C.A. § 13-7-207(3) from the board of zoning appeals; the board's determination to the contrary was erroneous. McBride v. Farragut Bd. of Zoning Appeals, — S.W.3d —, 2012 Tenn. App. LEXIS 832 (Tenn. Ct. App. Nov. 29, 2012).

2. Ultra Vires.

A municipality may not confer powers upon the board not granted by the enabling statute, and such grant is ultra vires and void. Father Ryan High School, Inc. v. Oak Hill, 774 S.W.2d 184, 1988 Tenn. App. LEXIS 725 (Tenn. Ct. App. 1988).

3. Planning Commission Decisions.

Neither T.C.A. § 13-7-206 nor this section granted a board of zoning appeals authority to review a planning commission decision concerning site plan approval where the decision to approve was not made under authority of zoning ordinance, but was based upon an independent grant of authority in § 13-4-104. Whittemore v. Brentwood Planning Com., 835 S.W.2d 11, 1992 Tenn. App. LEXIS 171 (Tenn. Ct. App. 1992), rehearing denied, — S.W.2d —, 1992 Tenn. App. LEXIS 216 (Tenn. Ct. App. Mar. 4, 1992).

Where the landowner, who owned a historical property with a still functioning carriage house, sponsored activities that ranged from low key luncheons to fairly boisterous parties, there was material evidence to support the one-year permit restriction as the Metropolitan Davidson County Board of Zoning Appeals (BZA) had an interest in ascertaining whether a permit holder was abiding by its conditions, and that was especially true given the record evidence of noise and other disturbances caused by the events, and also some prior violations; however, the BZAs imposition of certain clean up deadlines, and restrictions on the landowner's use of his front yard, were not supported by material evidence, as the issues in contention primarily concerned the levels of noise and traffic in the surrounding neighborhood. Demonbreun v. Metro. Bd. of Zoning Appeals, 206 S.W.3d 42, 2005 Tenn. App. LEXIS 767 (Tenn. Ct. App. 2005).

4. Appeals.

City council had authority to enact Knoxville City Code, Appendix B, Zoning Ordinance, art. VII, § 2(E), which permitted a party aggrieved by a zoning decision made by the board of zoning appeals to appeal to the city council because the city council was not prohibited from enacting the ordinance by the enabling statute, T.C.A. § 13-7-201 et seq.; thus, the city council's act of nullifying a variance the board granted a homeowner, which act was taken by pursuant to the ordinance, was valid. Cash v. Wheeler, 356 S.W.3d 913, 2011 Tenn. App. LEXIS 446 (Tenn. Ct. App. Aug. 16, 2011), appeal denied, — S.W.3d —, 2011 Tenn. LEXIS 1177 (Tenn. Dec. 14, 2011).

13-7-208. Enforcement of ordinances — Remedies — Applicability of provisions.

    1. The chief legislative body may provide for the enforcement of any ordinance enacted under this part and part 3 of this chapter. A violation of any such ordinance is a Class C misdemeanor.
    2. In case any building or structure is or is proposed to be erected, constructed, reconstructed, altered, converted or maintained, or any building, structure or land is or is proposed to be used in violation of any ordinance enacted under this part and part 3 of this chapter, the building commissioner, municipal counsel or other appropriate authority of the municipality, or any adjacent or neighboring property owner who would be specially damaged by such violation, may, in addition to other remedies, institute injunction, mandamus or other appropriate action or proceeding to prevent such unlawful erection, construction, reconstruction, alteration, conversion, maintenance or use, or to correct or abate such violation, or to prevent the occupancy of the building, structure or land.
    1. In the event that a zoning change occurs in any land area where such land area was not previously covered by any zoning restrictions of any governmental agency of this state or its political subdivisions, or where such land area is covered by zoning restrictions of a governmental agency of this state or its political subdivisions, and such zoning restrictions differ from zoning restrictions imposed after the zoning change, then any industrial, commercial or business establishment in operation, permitted to operate under zoning regulations or exceptions thereto prior to the zoning change shall be allowed to continue in operation and be permitted; provided, that no change in the use of the land is undertaken by such industry or business.
    2. When the use permitted to continue to expand, or to be rebuilt pursuant to any subsection of this section is an off-premises sign, such use shall not preclude any new or additional conforming use or structure on the property on which the sign structure is located or on any adjacent property under the same ownership; provided, however, that any such new or additional use or structure does not result in any violations of the applicable zoning restrictions other than those nonconformities associated with the off-premises sign as allowed under this subdivision (b)(2).
  1. Industrial, commercial or other business establishments in operation and permitted to operate under zoning regulations or exceptions thereto in effect immediately preceding a change in zoning shall be allowed to expand operations and construct additional facilities which involve an actual continuance and expansion of the activities of the industry or business which were permitted and being conducted prior to the change in zoning; provided, that there is a reasonable amount of space for such expansion on the property owned by such industry or business situated within the area which is affected by the change in zoning, so as to avoid nuisances to adjoining landowners. No building permit or like permission for construction or landscaping shall be denied to an industry or business seeking to expand and continue activities conducted by that industry or business which were permitted prior to the change in zoning; provided, that there is a reasonable amount of space for such expansion on the property owned by such industry or business situated within the area which is affected by the change in zoning, so as to avoid nuisances to adjoining landowners.
    1. Industrial, commercial, or other business establishments in operation and permitted to operate under zoning regulations or exceptions thereto immediately preceding a change in zoning shall be allowed to destroy present facilities and reconstruct new facilities necessary to the conduct of such industry or business subsequent to the zoning change; provided, that no destruction and rebuilding shall occur which shall act to change the use classification of the land as classified under any zoning regulations or exceptions thereto in effect immediately prior to or subsequent to a change in the zoning of the land area on which such industry or business is located. No building permit or like permission for demolition, construction or landscaping shall be denied to an industry or business seeking to destroy and reconstruct facilities necessary to the continued conduct of the activities of that industry or business, where such conduct was permitted prior to a change in zoning; provided, that there is a reasonable amount of space for such expansion on the property owned by such industry or business situated within the area which is affected by the change in zoning, so as to avoid nuisances to adjoining landowners.
      1. Multifamily residential establishments, whether used as owner-occupied property or rental property, which were permitted to operate under zoning regulations or exceptions thereto immediately preceding a change in zoning shall be allowed to reconstruct new facilities necessary to the conduct of such multifamily residential establishment subsequent to the zoning change, in the event of damage, whether partial or complete, by involuntary fire or wind damage or other natural disaster.
      2. If any such new facilities exceed the original height, density, setback, or square-footage of the original facilities in existence immediately prior to the damage, then the new facilities shall constitute a change in the use of the land, and any protections provided hereunder shall be forfeited.
      3. If any such new facilities do not exceed the original height, density, setback, or square-footage of the original facilities in existence immediately prior to the damage, then the new facilities shall constitute a continuation of the use of the land immediately prior to the damage, and any protections provided hereunder shall not be forfeited.
      4. Whenever any ordinance enacted under authority of this chapter establishes stricter terms regarding the amount of partial damage that may be allowed without forfeiture of these protections, then any such ordinance shall govern.
      5. New facilities shall comply with all architectural design standards required under current zoning regulations and be consistent with the architectural context of the immediate and adjacent block faces.
  2. Subsections (b)-(d) apply only to land owned and in use by such affected business, and do not operate to permit expansion of an existing industry or business through the acquisition of additional land.
  3. Subsections (b)-(e) do not apply to any municipality defined as a premiere type tourist resort according to § 67-6-103(a)(3)(B).
  4. Except as provided in subsection (l ), subsections (b)-(d) shall not apply if an industrial, commercial, or other business establishment ceases to operate for a period of thirty (30) continuous months and the industrial, commercial, or other business use of the property did not conform with the land use classification as denoted in the existing zoning regulations for the zoning district in which it is located. Anytime after the thirty-month cessation, any use proposed to be established on the site, including any existing or proposed on-site sign, must conform to the provisions of the existing zoning regulations. For the purposes of this subsection (g), the thirty-month period of continuous ceased operation shall be tolled by:
    1. The period in which an industrial, commercial, or other business establishment is party to any action in a court of competent jurisdiction regarding the use of the property until such time that a final settlement, order, decree, or judgment has been rendered;
    2. Any period in which a facility is being constructed, reconstructed, renovated, or refurbished, provided that all necessary building permits were obtained within thirty (30) months of cessation of continuous use;
    3. The filing of an application for a building permit for the alteration, renovation or reconstruction of a structure which is nonconforming or of a structure in which or out of which a nonconforming industrial, commercial or other business use operates or is located; or
    4. The reactivation of the nonconforming use any time prior to the end of the thirty-month period; provided, however, that the restrictions of this subsection (g) and subsection (i) shall only apply if the property owner intentionally and voluntarily abandons the nonconforming use of the property. In any contested matter on the use of such property, the government has the burden of proving an overt act of abandonment in such matter.
  5. Subsections (b)-(d) shall apply to an off-site sign which, for the purposes of this subsection (h), means any sign that advertises or gives direction to any business, product, service, attraction, or any other purpose or interest, other than the industrial, commercial or other business establishment located on the site where the sign is located; provided, however, that any expansion shall be limited as follows:
    1. Any off-site sign smaller than a standard 8-sheet poster which, for the purposes of this subsection (h), means an off-site sign with overall dimensions of at least five feet four inches (5' 4") to six feet two inches (6' 2") in height and eleven feet four inches (11' 4") to twelve feet two inches (12' 2") in width shall not be expanded to a size greater than a standard 8-sheet poster;
    2. Any standard 8-sheet poster shall not be expanded to a size greater than a 30-sheet poster which, for the purposes of this subsection (h), means an off-site sign with overall dimensions of twelve feet three inches (12' 3") in height and twenty-four feet six inches (24' 6") in width;
    3. Any standard 30-sheet poster shall not be expanded to a size greater than any standard bulletin which, for the purposes of this subsection (h), means any off-site sign with overall dimensions of ten feet (10') to fourteen feet (14') in height and thirty-six feet (36') to forty-eight feet (48') in width;
    4. Any standard bulletin shall not be expanded to a size greater than any super bulletin which, for the purposes of this subsection (h), means any off-site sign with overall dimensions of sixteen feet (16') to twenty feet (20') in height and sixty feet (60') in width;
    5. Any super bulletin shall not be expanded;
    6. Any off-site sign with a height larger than standard 8-sheet poster height or width larger than standard 8-sheet poster width but not meeting the definition of a standard 8-sheet poster, a standard 30-sheet poster, a standard bulletin, or a standard super bulletin shall not be expanded by more than one hundred percent (100%) of its surface area; or
    7. Any operation, rebuilding, or expansion of an off-site sign that has been in existence for ten (10) years or more shall not be denied solely on the basis that the original permit for the sign does not exist to prove that it was a lawful use when constructed.
  6. Notwithstanding subsection (d), any structure rebuilt on the site must conform to the existing zoning regulations as to setbacks, height, bulk, or requirements as to the physical location of a structure upon the site, provided that this subsection (i) shall not apply to off-site signs.
  7. Subsections (g), (h) and (i) do not apply to any home rule municipality; provided, however, that subject to the approval of the local legislative body, a home rule municipality may opt into these subsections.
  8. Notwithstanding subsections (a)-(i), subsection (g) shall not apply to any industrial establishment location where twenty-five percent (25%) or more of the gross annual sales from such location are derived from sales to or contracts with local, state or federal governments or as a subcontractor to contracts with local, state or federal governments, or to any industrial establishment location where seventy-five percent (75%) or more of the gross annual sales from the location are made to agriculture or construction businesses.
    1. As used in this subsection (l ):
      1. “Block” means a unit of land bounded by streets or by a combination of streets and public land, railroad rights-of-way, waterways or any other barrier to the continuity of development; and
      2. “Motor vehicle business establishment” means a business establishment that sells operable motor vehicles and all the motor vehicles have been previously titled, excluding any franchised retail motor vehicle dealership located on property that is principally used for the marketing and display of new motor vehicles, whether by sale, rental, lease or other commercial or financial means that is primarily housed in a structure and characterized by a mixture of the following secondary supporting uses:
        1. An inventory of new or used motor vehicles in operating condition for sale or lease either on the same parcel or at a location affiliated with a franchised retail motor vehicle dealership; and
        2. On-site facilities for the repair and service of motor vehicles previously sold, rented or leased by the retail motor vehicle dealership.
    2. In any municipality having a metropolitan form of government and a population of over five hundred thousand (500,000), according to the 2000 federal census or any subsequent federal census, any nonconforming motor vehicle business establishment may be terminated after notice and a hearing before the board of zoning appeals upon a finding that all of the following have been established in the record before the board of zoning appeals:
      1. Another motor vehicle business establishment is located within the one thousand feet (1,000') of the nonconforming motor vehicle business establishment, in the same block as the nonconforming motor vehicle business establishment, or in the block across a public street or road from the block in which the nonconforming motor vehicle business establishment is located;
      2. The parcel on which the nonconforming motor vehicle business establishment is located has less than two hundred fifty feet (250') of frontage on any public street or road, excluding any portion of the frontage not owned or leased by the licensed operator of the nonconforming motor vehicle business establishment; and
      3. At least ten percent (10%) of the inventory of the nonconforming motor vehicle business establishment at any point in time consists of motor vehicles titled pursuant to title 55, chapter 3, part 2, including, but not limited to, vehicles with salvage titles, flood titles, rebuilt titles, or nonrepairable vehicle certificates. The operator of the nonconforming motor vehicle business establishment shall make the titles for all of the vehicles located on the premises of the nonconforming motor vehicle business establishment immediately available upon request of a local zoning inspection official, or produce the original titles at the office of the local zoning inspection official within three (3) business days of the request by the local zoning inspection official. The failure of the nonconforming motor vehicle business establishment to make the titles for the vehicles located on the premises of the nonconforming motor vehicle business establishment available to the local zoning inspection official in accordance with this subsection (l ) shall create a rebuttable presumption that at least ten percent (10%) of the inventory of the nonconforming motor vehicle business establishment consists of the motor vehicles titled pursuant to title 55, chapter 3, part 2.
    3. All other industrial, commercial or other business establishments in any municipality with a metropolitan form of government and a population of over five hundred thousand (500,000), according to the 2000 federal census or any subsequent federal census, shall be entitled to operate pursuant to subsection (g).
    1. If any land area becomes subject to land use restrictions imposed pursuant to a redevelopment plan undertaken by any governmental agency of this state or of its political subdivisions pursuant to chapter 20, part 2 or part 7 of this title, or if the land area is subject to land use restrictions that are amended by any governmental agency of this state or of its political subdivisions pursuant to chapter 20, part 2 or part 7 of this title, and if the land use restrictions differ from the land use restrictions contained in the amended land use restrictions, then any industrial, commercial, or other business establishment in operation and permitted to operate prior to the initial adoption of the land use restrictions or an amendment thereto, shall be allowed to continue in operation and shall be permitted; provided, that no change in the use of the land is undertaken by the industrial, commercial, or business establishment.
    2. Immediately preceding an initial adoption of the land use restrictions or an amendment of the restrictions, industrial, commercial, and other business establishments in operation and permitted to operate under land use restrictions imposed pursuant to a redevelopment plan undertaken by any governmental agency of this state or of its political subdivisions pursuant to chapter 20, part 2 or part 7 of this title, shall be allowed to replace facilities necessary to conduct the industry or business if the facilities are acquired by a governmental entity pursuant to the power of eminent domain, or under threat of the exercise of the power of eminent domain, or replace facilities required to be relocated as the result of the acquisition of property by a governmental entity pursuant to the power of eminent domain, or under threat of the exercise of the power of eminent domain, or to rebuild facilities if they are damaged by unplanned casualty or act of God; provided, that:
      1. The replacement facilities shall not be larger in size than the facilities in existence prior to the acquisition, relocation, or damage caused by unplanned casualty or act of God;
      2. The construction of the replacement facilities shall commence within thirty (30) months of the date of the taking or acquisition under threat of the exercise of the power of eminent domain or the date of the damage caused by unplanned casualty or act of God; and
      3. There is a reasonable amount of space for the replacement facilities on the property owned by the industry or business situated within the area that is affected by the adoption of the land use restrictions or an amendment of the restrictions, so as to avoid nuisances to adjoining landowners.
    3. Subdivision (m)(2) applies only to land owned and in use by the affected industrial, commercial, or other business establishment prior to acquisition or relocation resulting from the exercise of the power of eminent domain, or the threat of the exercise of the power of eminent domain, or the damage to facilities caused by unplanned casualty or act of God, and does not operate to permit the replacement of facilities necessary to the conduct of the industry or business through the acquisition of additional land.
    4. Subdivisions (m)(2) and (3) apply only to any acquisition or relocation of facilities within an area subject to land use restrictions imposed pursuant to a redevelopment plan undertaken on or after July 1, 2015, by any governmental agency of this state or of its political subdivisions pursuant to chapter 20, part 2 or part 7 of this title, or to damage to facilities caused by casualty or act of God occurring on or after July 1, 2015, regardless of the redevelopment plan's date of enactment.

Acts 1935, ch. 44, § 6; C. Supp. 1950, § 3407.6; Acts 1973, ch. 279, § 1; T.C.A. (orig. ed.), § 13-708; Acts 1988, ch. 539, § 1; 1989, ch. 591, § 113; 2004, ch. 730, § 1; 2004, ch. 775, § 1; 2007, ch. 141, §§ 1, 2; 2008, ch. 1091, § 1; 2010, ch. 936, § 1; 2015, ch. 474, §§ 1, 2; 2018, ch. 940, §§ 1, 2.

Compiler's Notes. For table of populations of Tennessee municipalities see Volume 13 and its supplement.

Cross-References. Penalty for Class C misdemeanor, § 40-35-111.

Textbooks. Tennessee Jurisprudence, 1 Tenn. Juris., Adjoining Landowners, § 2; 19 Tenn. Juris., Municipal Corporations, §§ 32, 35, 58; 26 Tenn. Juris., Zoning, §§ 4, 8, 10, 12, 14.

Law Reviews.

Regulatory Created Blight in a Legacy City: What Is It and What Can We Do About It?, 46 U. Mem. L. Rev. 857 (2016).

Attorney General Opinions. Protection of nonconforming billboards under T.C.A. § 13-7-208(d), OAG 05-117, 2005 Tenn. AG LEXIS 119 (7/27/05).

Protection of nonconforming billboard sites, OAG 06-007, 2006 Tenn. AG LEXIS 9 (1/10/06).

Protection of nonconforming billboard sites, OAG 06-125, 2006 Tenn. AG LEXIS 134 (8/3/06).

NOTES TO DECISIONS

1. Construction and Interpretation.

The words “specially damaged” as used in (a)(2) have the same meaning as the phrase “specifically damaged” used in an otherwise identical city ordinance. Torbett v. Anderson, 564 S.W.2d 676, 1978 Tenn. App. LEXIS 282 (Tenn. Ct. App. 1978).

T.C.A. § 13-7-208(b), allowing grandfathered zoning uses, applies not only to municipalities, but to any governmental agency of the state or its political subdivisions. Chadwell v. Knox County, 980 S.W.2d 378, 1998 Tenn. App. LEXIS 205 (Tenn. Ct. App. 1998), review or rehearing denied, Chadwell v. Knox County Tenn., — S.W.2d —, 1998 Tenn. LEXIS 638 (Tenn. Oct. 19, 1998).

While it is true that the proper procedure for reviewing a decision of local boards of zoning appeals is the common law writ of certiorari, T.C.A. § 13-7-208(a)(2) specifically allows certain parties to institute an injunction, mandamus or other appropriate action or proceeding to prevent unlawful construction. T.C.A. § 13-7-208 makes it clear that the general assembly intended to leave the specific remedy of injunction and mandamus in addition to other remedies available to neighboring landowners who are involved in disputes governed by T.C.A. § 13-7-208. Simmons v. City of Lexington, 11 S.W.3d 136, 1999 Tenn. App. LEXIS 591 (Tenn. Ct. App. 1999).

T.C.A. § 13-7-208 is applicable only when a legal use becomes illegal by virtue of a zoning change. Coe v. City of Sevierville, 21 S.W.3d 237, 2000 Tenn. App. LEXIS 33 (Tenn. Ct. App. 2000), review or rehearing denied, — S.W.3d —, 2000 Tenn. LEXIS 324 (Tenn. June 12, 2000).

Because an ordinance draws its effectiveness from the state zoning laws, the statute and the ordinance should be read in pari materia to avoid conflict and to enable them to operate concurrently. 421 Corp. v. Metropolitan Gov't of Nashville & Davidson County, 36 S.W.3d 469, 2000 Tenn. App. LEXIS 261 (Tenn. Ct. App. 2000).

The term “same property” contained in zoning ordinance enacted pursuant to T.C.A. § 13-7-208 refers to the same tract of real property on which the business was operating when it became a nonconforming use and is harmonious with T.C.A. § 13-7-208(e); it does not include new land acquired by the property owner after the use became nonconforming, even if the new land was later combined with the existing property into one parcel for tax purposes. 421 Corp. v. Metropolitan Gov't of Nashville & Davidson County, 36 S.W.3d 469, 2000 Tenn. App. LEXIS 261 (Tenn. Ct. App. 2000).

The goal of the legislature in enacting T.C.A. § 13-7-208 was to protect established businesses from later-enacted municipal zoning which would exclude them. Outdoor West of Tenn., Inc. v. City of Johnson City, 39 S.W.3d 131, 2000 Tenn. App. LEXIS 414 (Tenn. Ct. App. 2000), review or rehearing denied, — S.W.3d —, 2001 Tenn. LEXIS 105 (Tenn. Feb. 12, 2001).

T.C.A. § 13-7-208(d) requires a higher standard of proof than T.C.A. § 13-7-208(c). Outdoor West of Tenn., Inc. v. City of Johnson City, 39 S.W.3d 131, 2000 Tenn. App. LEXIS 414 (Tenn. Ct. App. 2000), review or rehearing denied, — S.W.3d —, 2001 Tenn. LEXIS 105 (Tenn. Feb. 12, 2001).

Billboards are “establishments” within the meaning of T.C.A. § 13-7-208. Outdoor West of Tenn., Inc. v. City of Johnson City, 39 S.W.3d 131, 2000 Tenn. App. LEXIS 414 (Tenn. Ct. App. 2000), review or rehearing denied, — S.W.3d —, 2001 Tenn. LEXIS 105 (Tenn. Feb. 12, 2001).

T.C.A. § 13-7-208(c) and (d) do not permit an established nonconforming use to be changed to some other nonconforming use. Lafferty v. City of Winchester, 46 S.W.3d 752, 2000 Tenn. App. LEXIS 789 (Tenn. Ct. App. 2000).

Emergency demolition ordinance was invalid because it was not enacted in accordance with the planning, public notice, and public hearing provisions of the applicable statutory zoning requirements or the applicable historic zoning statutes governing creation and regulation of historic districts or zones. Cherokee Country Club, Inc. v. City of Knoxville, 152 S.W.3d 466, 2004 Tenn. LEXIS 989 (Tenn. 2004).

T.C.A. § 13-7-208 regarding changes to zoning ordinances is a “grandfather clause,” which has been described as an exception to a restriction that allows all those already doing something to continue doing it, even if they would be stopped by the new restriction. A grandfather clause exception in a statute must be construed strictly against the party who seeks to come within the exception. Lamar Tenn., L.L.C. v. City of Hendersonville, 171 S.W.3d 831, 2005 Tenn. App. LEXIS 10 (Tenn. Ct. App. 2005), appeal denied, Lamar Tenn. LLC v. City of Hendersonville, — S.W.3d —, 2005 Tenn. LEXIS 713 (Tenn. Aug. 22, 2005).

Before a billboard owner could demolish and rebuild a billboard with a preexisting, nonconforming legal use and claim the protections of T.C.A. § 13-7-208, it first had to obtain a valid permit from a city; because its rebuilt billboard did not fit the description in the city's permit, the city could validly revoke its permit on those grounds. Lamar Tenn., LLC v. Murfreesboro Bd. of Zoning Appeals, 336 S.W.3d 226, 2010 Tenn. App. LEXIS 312 (Tenn. Ct. App. Apr. 30, 2010), rehearing denied, Lamar Tennessee, LLC v. Murfreesboro Bd. of Zoning Appeals, — S.W.3d —, 2010 Tenn. App. LEXIS 353 (Tenn. Ct. App. May 21, 2010), appeal denied, Lamar Tenn., LLC v. Murfreesboro Bd. of Zoning Appeals, 336 S.W.3d 226, 2010 Tenn. LEXIS 1160 (Tenn. Dec. 7, 2010).

2. Nonconforming Uses.

Summary judgment for owner of leasehold interest in land affected by ordinances generally prohibiting outdoor billboards and flashing signs was sustained on the ground that this section provided for continuation of nonconforming uses which existed prior to the establishment of the ordinances. Creative Displays, Inc. v. Pigeon Forge, 576 S.W.2d 356, 1978 Tenn. App. LEXIS 326 (Tenn. Ct. App. 1978).

Owner of a leasehold interest comes within the protection afforded for nonconforming uses. Creative Displays, Inc. v. Pigeon Forge, 576 S.W.2d 356, 1978 Tenn. App. LEXIS 326 (Tenn. Ct. App. 1978).

To invoke the protection of this section, two requirements must be met: (1) There must be zoning where there previously was none, or there must be a change in zoning restrictions; and (2) There must be permissive operation of a business prior to the change. Rives v. Clarksville, 618 S.W.2d 502, 1981 Tenn. App. LEXIS 470 (Tenn. Ct. App. 1981).

The clear meaning of § 13-7-208 is that the nonconforming use must be permitted by the zoning regulations, not permitted merely through lax enforcement. Rives v. Clarksville, 618 S.W.2d 502, 1981 Tenn. App. LEXIS 470 (Tenn. Ct. App. 1981).

Zoning ordinance regulating sexually oriented businesses and stating that any such business operating in violation of the ordinance at the time it was enacted was deemed a nonconforming use, and containing an amortization provision that permitted the nonconforming use to continue for not more than one year, was contrary to Tennessee law. East Brooks Books v. City of Memphis, 48 F.3d 220, 1995 FED App. 80P, 1995 U.S. App. LEXIS 4358 (6th Cir. Tenn. 1995), cert. denied, 516 U.S. 909, 116 S. Ct. 277, 133 L. Ed. 2d 198, 1995 U.S. LEXIS 6752 (1995).

Where billboards were prohibited in the area in question both before and after the enactment of this section and had been permitted to exist only because of lax enforcement of the zoning code by the county, the county was not estopped from enforcing the prohibition; this section did not apply to permit a landowner to remove and replace the billboards as a nonconforming use. Lamar Advertising v. City of Knoxville, 905 S.W.2d 175, 1995 Tenn. App. LEXIS 76 (Tenn. Ct. App. 1995).

T.C.A. § 13-7-208 did not authorize a heliport operator to maintain a nonconforming use after the enactment of title 42, chapter 8, prohibiting the use of certain land as a heliport, since the section is specifically excluded under § 42-8-103 of the heliport law. Riggs v. Burson, 941 S.W.2d 44, 1997 Tenn. LEXIS 126 (Tenn. 1997), rehearing denied, — S.W.2d —, 1997 Tenn. LEXIS 174 (Tenn. 1997), cert. denied, 139 L. Ed. 2d 380, 118 S. Ct. 444, 522 U.S. 982, 1997 U.S. LEXIS 6925 (1997).

T.C.A. § 13-7-208 could not be used to grandfather plaintiff's outdoor sign as a pre-existing non-conforming use when plaintiff's sign was not a permitted use under state law when the zoning change occurred. Coe v. City of Sevierville, 21 S.W.3d 237, 2000 Tenn. App. LEXIS 33 (Tenn. Ct. App. 2000), review or rehearing denied, — S.W.3d —, 2000 Tenn. LEXIS 324 (Tenn. June 12, 2000).

Denial of plaintiff's non-conforming use permit was affirmed because the town's ordinance placing of an objective time limit on non-conforming uses which were not operational was reasonable and did not conflict with state law. Custom Land Dev., Inc. v. Town of Coopertown, 168 S.W.3d 764, 2004 Tenn. App. LEXIS 861 (Tenn. Ct. App. 2004).

Metropolitan board of zoning appeals did not act unlawfully or arbitrarily regarding neighboring residents'  nuisance issues; conclusion that the proposed development was not a nuisance per se and would be compatible with the surrounding neighborhood once completed addressed the residents'  stated nuisance concerns regarding, inter alia, the risk of environmental contamination caused by disturbing the tetrachloroethylene and other toxic substances left in the ground as a result of the operation of the laundry and dry cleaning facility. Moore v. Metro. Bd. of Zoning Appeals, 205 S.W.3d 429, 2006 Tenn. App. LEXIS 76 (Tenn. Ct. App. 2006), appeal denied, — S.W.3d —, 2006 Tenn. LEXIS 703 (Tenn. 2006).

City commission may not eliminate funeral home's right to expand operations and construct additional facilities which involve an actual continuance and expansion of the nonconforming use under City of Mt. Juliet, Tenn., Zoning Ordinance § 13.102.7 and T.C.A. § 13-7-208(c); the key issue was whether operation of a crematory was an actual continuance and expansion of the activities of the funeral home's business. BMC Enters. v. City of Mt. Juliet, 273 S.W.3d 619, 2008 Tenn. App. LEXIS 186 (Tenn. Ct. App. Mar. 27, 2008).

Mobile home park was not entitled to the protection of the grandfather clause of T.C.A. § 13-7-208(b)(1) because it was not yet in operation when the county's private act, 1998 Tenn. Priv. Acts, ch. 152, took effect and rendered the park a nonconforming use where the previous park owner's efforts only represented preparation and intent. Smith County Reg'l Planning Comm'n v. Hiwassee Vill. Mobile Home Park, LLC, 304 S.W.3d 302, 2010 Tenn. LEXIS 30 (Tenn. Jan. 22, 2010), rehearing denied, Smith County Reg'l Planning Comm'n v. Hiwassee Vill. Mobile Home Park, LLC, — S.W.3d —, 2010 Tenn. LEXIS 94 (Tenn. Feb. 12, 2010).

Because, by its own terms, Jefferson City, Tenn., Mun. Code § 7-402 could not be characterized as being tantamount to a zoning ordinance, it was not a zoning restriction under the substantial effect test since the ordinance did not refer to nor did its operation depend upon the city's zoning plan, and it did not refer to land, zones, buildings, lot lines, or any other terms and concepts customarily associated with comprehensive zoning plans; the ordinance reflected the exercise of the city's traditional, general police power granted in T.C.A. § 6-2-201(22). SNPCO, Inc. v. City of Jefferson City, 363 S.W.3d 467, 2012 Tenn. LEXIS 212 (Tenn. Mar. 26, 2012).

Court of appeals did not err in affirming an order dismissing a fireworks retailer's action seeking a declaration that T.C.A. § 13-7-208(b)(1) permitted it to continue to sell fireworks after a city annexed the property on which its business was located because Jefferson City, Tenn., Mun. Code § 7-402, which banned the sale of fireworks, was not related to the city's general plan of zoning; because the ordinance was not a zoning ordinance, it was neither a “zoning change” nor a “zoning restriction” for the purpose of § 13-7-208(b)(1), and the retailer could not take advantage of the grandfather clause in § 13-7-208(b)(1). SNPCO, Inc. v. City of Jefferson City, 363 S.W.3d 467, 2012 Tenn. LEXIS 212 (Tenn. Mar. 26, 2012).

Courts must first determine whether the challenged ordinance relates to the city's “general plan of zoning.” If the courts determine that the challenged ordinance relates to the city's general plan of zoning, then, and only then, may the courts ascertain whether the ordinance results in a “substantial interference” with the use of land. SNPCO, Inc. v. City of Jefferson City, 363 S.W.3d 467, 2012 Tenn. LEXIS 212 (Tenn. Mar. 26, 2012).

Portion of an owner's property which was not previously subject to zoning qualified as a preexisting nonconforming use, protected by T.C.A. § 13-7-208, when a county enacted a comprehensive zoning ordinance because the owner established mining and quarrying operations on the property sufficient to qualify for protection under § 13-7-208. Ready Mix, USA, LLC v. Jefferson County, 380 S.W.3d 52, 2012 Tenn. LEXIS 621 (Tenn. Aug. 30, 2012).

On review under T.C.A. § 27-8-101, where plaintiff failed to show that billboards were legal uses prior to an amendment to town ordinances, prohibiting them, a board of zoning appeals properly denied a request to reconstruct them under T.C.A. § 13-7-208; the board's decision was not illegal, arbitrary, or capricious. Abbington Ctr., LLC v. Town of Collierville, 393 S.W.3d 170, 2012 Tenn. App. LEXIS 95 (Tenn. Ct. App. Feb. 13, 2012), appeal denied, Abbington Ctr. v. Town of Collierville, — S.W.3d —, 2012 Tenn. LEXIS 526 (Tenn. Aug. 16, 2012).

Nude dancing in a nightclub was not an activity that could be grandfathered pursuant to T.C.A. § 13-7-208(b)(1) and Memphis, Tenn., Code § 16-116-2(A) because it was not being legally conducted when an ordinance changed the zoning laws to prohibit adult entertainment. 600 Marshall Entm't Concepts, LLC v. City of Memphis, — F.3d —, 2013 FED App. 26P, 705 F.3d 576, 2013 U.S. App. LEXIS 2246 (6th Cir. Feb. 1, 2013).

3. Standing.

Individual who subdivided property and continued to own several lots in subdivision had standing to enforce zoning ordinances against her grantee, owner of two lots in subdivision. Patterson v. Cook, 655 S.W.2d 955, 1983 Tenn. App. LEXIS 593 (Tenn. Ct. App. 1983).

Notwithstanding the absence of injury to itself, an organization may have standing solely as the representative of its members. Citizens for Collierville v. Town of Collierville, 977 S.W.2d 321, 1998 Tenn. App. LEXIS 97 (Tenn. Ct. App. 1998).

Representational standing does not eliminate or attenuate the constitutional requirement of a case or controversy. The organization must allege that its members, or any one of them, are suffering immediate or threatened injury as a result of the challenged action of the sort that would make out a justiciable case had the members themselves brought suit. Citizens for Collierville v. Town of Collierville, 977 S.W.2d 321, 1998 Tenn. App. LEXIS 97 (Tenn. Ct. App. 1998).

T.C.A. § 13-7-208(a)(2) gave local government standing to contest a Board of Zoning Appeals' decision granting a permit to change a billboard from static to digital because the statute gave the local government standing to file an “appropriate action” due to a zoning code violation, including a certiorari petition. Metro. Gov't v. Bd. of Zoning Appeals of Nashville & Davidson County, — S.W.3d —, 2014 Tenn. App. LEXIS 545 (Tenn. Ct. App. Sept. 3, 2014), aff'd, Metro. Gov't of Nashville & Davidson Cnty. v. Bd. of Zoning Appeals of Nashville & Davidson Cnty., 477 S.W.3d 750, 2015 Tenn. LEXIS 1081 (Tenn. 2015).

4. Unlawful Commercial Use.

Suit by neighboring landowner to prevent unlawful commercial use of defendant's property was proper even though commercial uses were allowed both on plaintiff's land and on the lots adjacent to it. Torbett v. Anderson, 564 S.W.2d 676, 1978 Tenn. App. LEXIS 282 (Tenn. Ct. App. 1978).

5. Damages.

Depreciation in value is a special damage. Torbett v. Anderson, 564 S.W.2d 676, 1978 Tenn. App. LEXIS 282 (Tenn. Ct. App. 1978).

6. Procedure.

When a property owner claims that he has a vested right to an existing nonconforming use he is not required to apply for a variance or a use permit before resorting to the courts for relief from the attempted termination of such nonconforming use. Sanders v. Angie Properties, Inc., 834 S.W.2d 332, 1992 Tenn. App. LEXIS 278 (Tenn. Ct. App. 1992).

Property owner was required to exhaust the administrative remedies by appealing the zoning official's stop work order to the Board of Zoning Appeals because, when the owner sought a declaration that it had a vested right to operate a rock quarry on the property and that it had established a preexisting nonconforming use of quarrying, pursuant to T.C.A. § 13-7-208 and Article 6.2 of the Jefferson County, Tenn., Zoning Resolution, it did not argue that the county ordinance was invalid or that the state statutes were invalid. Ready Mix, USA, LLC v. Jefferson County, — S.W.3d —, 2011 Tenn. App. LEXIS 305 (Tenn. Ct. App. June 9, 2011), rev'd, Ready Mix, USA, LLC v. Jefferson County, 380 S.W.3d 52, 2012 Tenn. LEXIS 621 (Tenn. Aug. 30, 2012).

Applicability of a zoning ordinance to the operations of a property owner's business presented a question of law, when the owner invoked the protections of T.C.A. § 13-7-208 and asserted that it had established a preexisting nonconforming use before an ordinance went into effect, and, therefore, did not require the exhaustion of administrative remedies. Ready Mix, USA, LLC v. Jefferson County, 380 S.W.3d 52, 2012 Tenn. LEXIS 621 (Tenn. Aug. 30, 2012).

7. Review.

The scope of review under a common law writ of certiorari is to determine whether the zoning board exceeded its jurisdiction, followed unlawful procedure, acted arbitrarily or capriciously or acted without material evidence to support its decision. Simmons v. City of Lexington, 11 S.W.3d 136, 1999 Tenn. App. LEXIS 591 (Tenn. Ct. App. 1999).

8. Selective Enforcement Claims.

There are two elements to a selective enforcement claim: (1) The government has singled out the plaintiff for adverse regulatory or enforcement action while others engaging in similar activity have not been subject to the same type of action; and (2) The decision to prosecute them rests on an impermissible consideration or purpose. 421 Corp. v. Metropolitan Gov't of Nashville & Davidson County, 36 S.W.3d 469, 2000 Tenn. App. LEXIS 261 (Tenn. Ct. App. 2000).

Claim that zoning board acted arbitrarily and illegally by holding plaintiff to strict requirements of zoning ordinance while at the same time permitting other sexually oriented businesses competing with him to operate illegally outside the zone, was dismissed for failure to state a claim because it did not contain allegations sufficient to make out a claim for selective enforcement. 421 Corp. v. Metropolitan Gov't of Nashville & Davidson County, 36 S.W.3d 469, 2000 Tenn. App. LEXIS 261 (Tenn. Ct. App. 2000).

9. Grandfather Clause.

Board of zoning appeals erred in issuing a billboard company and property owners permits to replace static display billboards with digital display billboards because the conversion of static billboards violated a city ordinance that did not allow digital signs in certain districts based on the height of the signs and their distance from other signs and from residential property; the ordinance was a lighting restriction, not a zoning restriction, and was not covered by the grandfather clause. Metro. Gov't of Nashville & Davidson Cnty. v. Bd. of Zoning Appeals of Nashville & Davidson Cnty., — S.W.3d —, 2017 Tenn. App. LEXIS 275 (Tenn. Ct. App. May 2, 2017), appeal denied, Metro. Gov't of Nashville & Davidson Cty. v. Bd. of Zoning Appeals of Nashville & Davidson Cty., — S.W.3d —, 2017 Tenn. LEXIS 665 (Tenn. Oct. 4, 2017).

13-7-209. Conflict with other laws.

Whenever the regulations made under authority of this part and part 3 of this chapter require a greater width or size of yards, courts or other open spaces, or require a lower height of buildings or less number of stories, or require a greater percentage of lot to be left unoccupied, or imposed other higher standards than are required in any other statute, the regulations made under authority of this part and part 3 of this chapter shall govern. Wherever any other statute require a greater width or size of yards, courts or other open spaces or require a greater percentage of lot to be left unoccupied, or impose other higher standards than are required by the regulations made under authority of this part and part 3 of this chapter, such statute shall govern.

Acts 1935, ch. 44, § 7; C. Supp. 1950, § 3407.7; T.C.A. (orig. ed.), § 13-709.

13-7-210. Zoning under special acts not affected.

Nothing contained in this part and part 3 of this chapter shall be deemed to supplant or modify the provisions of any special or private act relating to the zoning or zoning powers of any municipality referred to in such special or private act, and all the provisions of such special or private act shall remain in full force and effect, but insofar as this part and part 3 of this chapter are not inconsistent with the provisions of such special or private act, this part and part 3 of this chapter shall apply to the zoning powers and procedure of such municipality.

Acts 1935, ch. 44, § 8; C. Supp. 1950, § 3407.8; T.C.A. (orig. ed.), § 13-710.

Law Reviews.

Restrictive Covenants and Zoning Regulations, 31 Tenn. L. Rev. 353.

Attorney General Opinions. There is no constitutional requirement that a zoning ordinance be adopted by a two-thirds vote of the local legislative body or in a general election, OAG 04-007, 2004 Tenn. AG LEXIS 7 (1/16/04).

13-7-211. Certificate of insurance or workers' compensation policy required for issuance of building permit — Return of certificate or policy — Exemptions — Liability — Violations.

  1. No building permit shall be issued until the municipal office which issues such permits receives a copy of either a certificate of insurance or a workers' compensation policy as evidence of the existence of workers' compensation insurance.
  2. The municipal office shall keep on file such copy of either the certificate of insurance or of the workers' compensation policy for the life of the permit. After the building permit has expired, the municipal office shall return by mail the copy of the certificate of insurance or the workers' compensation policy within ten (10) working days to the person who obtained the permit.
    1. This section does not apply to those persons who are not required by title 50, chapter 6, to obtain workers' compensation coverage, to any person who performs work on such person's own property in such person's own county of residence, or to any person who directly supervises work on such person's own property in such person's own county of residence.
    2. Persons not required to present evidence of compliance with §§ 50-6-405 and 50-6-406 pursuant to this subsection (c) shall present or sign an affidavit which attests to their exemption from this section. A person authorized to issue building permits who issues a building permit to a person exempted from this section shall keep on file for the life of the permit such affidavit of exemption.
  3. A person authorized to issue building permits, who in good faith accepts an affidavit of exemption, a copy of the certificate of insurance, or a copy of the workers' compensation policy, shall not be liable in any criminal or civil action alleging the person obtaining the building permit was subject to §§ 50-6-405 and 50-6-406 and such person did not in fact have workers' compensation coverage. Compliance with this section shall be a rebuttable presumption that the person authorized to issue building permits acted in good faith.
  4. A violation of this section is a Class C misdemeanor.

Acts 1993, ch. 520, § 2; 1999, ch. 520, § 34; 2003, ch. 359, § 12.

Cross-References. Penalty for Class C misdemeanor, § 40-35-111.

13-7-212. Compiling of effective zoning ordinance and map — Zoning ordinance and map as public record — Challenge to accuracy.

  1. Any municipality that has exercised zoning powers under this part shall compile its zoning ordinance and map, as amended, that is in effect so as to be able to provide any member of the public with a current zoning ordinance and map. In that municipality, the municipal legislative body shall authenticate, compile, update, keep, maintain and make available the zoning ordinance, map and all amendments as a public record. Any municipal zoning ordinance and map made available to the public through a compilation made pursuant to this section, whether in electronic or paper form, shall be presumed to be a true and accurate statement of the municipality's zoning ordinance and map.
  2. Any party challenging the accuracy of any municipal zoning ordinance or map compiled or codified as currently in effect in accordance with this section, whether in a rezoning proceeding before a municipal governing body, an appeal to a board of zoning appeals, a subdivision or site plan approval proceeding before a planning commission or in any judicial proceeding, must prove the inaccuracy of the zoning ordinance or map by clear and convincing evidence.

Acts 2009, ch. 338, § 2.

Part 3
Municipal Zoning Outside Boundaries

13-7-301. Prerequisites to plan or ordinance requiring subdivider to install curbs, gutters or sidewalks — Exceptions.

Notwithstanding this part and part 2 of this chapter to the contrary, no municipality or regional planning commission shall adopt any plan, ordinance or rule which would require a subdivider, whose proposed subdivision is outside the corporate limits of any municipality located within the regional planning district, to install curbs, gutters, or sidewalks, unless both public water and sewage systems are to be made available within eighteen (18) months after the subdivider requests approval of the subdivider's plan of subdivision. This section shall not apply to counties having the following populations according to the 1970 federal census or any subsequent federal census:

not less than  nor more than

276,000 277,000

700,000 800,000

or to counties with a metropolitan form of government.

Acts 1978, ch. 942, §§ 1, 2; T.C.A., § 13-717.

Compiler's Notes. For table of U.S. decennial populations of Tennessee counties, see Volume 13 and its supplement.

Cross-References. Borrow excavations, exemption of certain road work construction from local and regional zoning and planning regulations, § 54-1-128.

Local regulation of junkyards, § 54-20-122.

Zoning regulations in metropolitan governments, § 7-3-304.

Attorney General Opinions. Constitutionality of city zoning and planning outside city limits, OAG 98-064, 1998 Tenn. AG LEXIS 64 (3/17/98).

Extraterritorial zoning by cities under county growth plan, OAG 99-218, 1999 Tenn. AG LEXIS 180 (11/4/99).

Right of municipality to separate planning region designation; right of municipality to provide zoning and subdivision regulations outside corporate limits but within urban growth boundaries, OAG 99-227, 1999 Tenn. AG LEXIS 229 (12/6/99).

Extraterritorial city zoning, OAG 00-032, 2000 Tenn. AG LEXIS 32 (2/28/00).

13-7-302. Establishment of zones or districts outside municipality.

Power is hereby granted to the chief legislative body of any municipality to establish by ordinance zones or districts in territory adjoining but outside of such municipality and lying within planning regions in which the municipal planning commission has been designated as the regional planning commission under § 13-3-102, and in which territory the county has no zoning already in force; provided, that prior to final enactment of such ordinance, six (6) months' notice of intent shall have been filed with the county mayor of the county or counties within which the municipality and/or region lies. Within such zones or districts, the municipality may, by ordinance regulate the location, height, bulk, number of stories and size of buildings and other structures, the percentage of lot occupancy, the required open spaces, the density of population and the uses of land, buildings, and structures.

Acts 1959, ch. 217, § 1; impl. am. Acts 1978, ch. 934, §§ 16, 36; T.C.A., § 13-711; Acts 2003, ch. 90, § 2.

Compiler's Notes. Acts 2003, ch. 90, § 2, directed the code commission to change all references from “county executive” to “county mayor” and to include all such changes in supplements and replacement volumes for the Tennessee Code Annotated.

Cross-References. Establishment of foreign trade zones, title 7, ch. 85.

Law Reviews.

Local Government Law — 1959 Tennessee Survey, 12 Vand. L. Rev. 1257.

13-7-303. Notice of intent to adopt ordinance — Zoning plans — Public hearing — Notice by publication.

Before adopting the regional ordinance covering territory outside the municipality and which is not then zoned by the county, the county mayor shall be given at least six (6) months' notice of the interest and intent of the municipality to adopt such ordinance. A letter signed jointly by the mayor of such municipality and the chair of the regional planning commission and delivered to the county mayor by registered or certified mail shall be considered sufficient notice. Upon preparation of the zoning plan by the regional planning commission and certification of same to the chief legislative body of the municipality, the chief legislative body shall hold a public hearing thereon, at least fifteen (15) days' notice of the time and place of which shall be published in the official municipal journal or in a newspaper of general circulation in the affected region.

Acts 1959, ch. 217, § 2; impl. am. Acts 1978, ch. 934, §§ 16, 36; T.C.A., § 13-712; Acts 2003, ch. 90, § 2.

Compiler's Notes. Acts 2003, ch. 90, § 2, directed the code commission to change all references from “county executive” to “county mayor” and to include all such changes in supplements and replacement volumes for the Tennessee Code Annotated.

Cross-References. Certified mail in lieu of registered mail, § 1-3-111.

13-7-304. Board of appeals — Creation — Members, appointment — Terms.

In adopting the regional zoning ordinance, the chief legislative body of the municipality shall create a board of zoning appeals consisting of three (3) or five (5) members, a majority of whom shall be residents of the territory subject to the regional zoning provisions, and who shall be appointed for terms of such length and so arranged that the term of one (1) member shall expire each year.

Acts 1959, ch. 217, § 3; T.C.A., § 13-713.

13-7-305. Application of part 2 of this chapter.

The terms of the municipal zoning regulations as appearing in part 2 of this chapter shall apply except as specifically otherwise provided in this part.

Acts 1959, ch. 217, § 4; T.C.A., § 13-714.

13-7-306. Effect of adoption of county zoning.

In any county in which regional zoning has been adopted under this part, whenever the county legislative body adopts county zoning to cover at least such regional area and has provided for the administration and enforcement thereof, then and thereby the zoning provided for such regional area under this part is automatically superseded and repealed.

Acts 1959, ch. 217, § 5; 1963, ch. 374, § 1; 1967, ch. 11, § 1; 1970, ch. 535, § 1; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A., § 13-715.

Attorney General Opinions. Extraterritorial zoning by cities under county growth plan, OAG 99-218, 1999 Tenn. AG LEXIS 180 (11/4/99).

NOTES TO DECISIONS

1. General Consideration.

Pursuant to T.C.A. § 13-7-306, a county's adoption of zoning regulations repealed by operation of law the earlier, extraterritorial zoning by a city: Ready Mix, USA, LLC v. Jefferson County, 380 S.W.3d 52, 2012 Tenn. LEXIS 621 (Tenn. Aug. 30, 2012).

Part 4
Historic Zoning

13-7-401. Purposes.

The purpose of this part is to promote the educational, cultural, and economic welfare of the people of the state by enabling municipalities and counties to preserve and protect historic structures, areas and districts which serve as visible reminders of the history and cultural heritage of the state and the United States. Furthermore, it is the purpose of this part to strengthen the economy of the state and of the adopting governmental entities by stabilizing and improving the property values in historic areas, by encouraging rehabilitation and new construction and development that will be harmonious with the historic structures, areas and districts, and by preserving and rehabilitating buildings which are of significance to historic districts.

Acts 1965, ch. 222, §§ 1, 2; T.C.A. (orig. ed.), § 13-416; T.C.A., § 13-716; modified; Acts 1982, ch. 814, § 1.

Cross-References. Local regulation of junkyards, § 54-20-122.

Zoning regulations in metropolitan governments, § 7-3-304.

13-7-402. Historic zones established.

  1. In order to accomplish the purpose of this part, the legislative body of any county or municipality is empowered to establish special historic districts or zones, and to regulate the construction, repair, alteration, rehabilitation, relocation and demolition of any building or other structure which is located or is proposed to be located within the boundaries of any historic district or zone, in accordance with the conditions and procedures specified in this part.
  2. A historic district or zone may be superimposed on other districts or zones, including the zoning maps, established by any other zoning ordinance or regulation, whether established before or after the establishment of a historic district or zone.
  3. The permitted or prohibited property uses, the zoning procedures and other regulations otherwise applicable within a historic district or zone under any other zoning ordinance or regulation shall apply to a historic district or zone, except when in conflict with this part or any ordinance or regulation adopted pursuant to this part, but in the event of such conflict, this part and any ordinance or regulation adopted pursuant to this part shall control.

Acts 1982, ch. 814, § 1; 1987, ch. 361, §§ 3, 4; 2004, ch. 632, § 1.

NOTES TO DECISIONS

1. Invalid Ordinance.

Emergency demolition ordinance was invalid because it was not enacted in accordance with the planning, public notice, and public hearing provisions of the applicable statutory zoning requirements or the applicable historic zoning statutes governing creation and regulation of historic districts or zones. Cherokee Country Club, Inc. v. City of Knoxville, 152 S.W.3d 466, 2004 Tenn. LEXIS 989 (Tenn. 2004).

13-7-403. Historic zoning commission — Regional historic zoning commissions.

  1. The local legislative body shall create a historic zoning commission of no less than five (5) and no more than nine (9) members which shall consist of a representative of a local patriotic or historical organization; an architect, if available; a person who is a member of the local planning commission at the time of such person's appointment; and the remainder shall be from the community in general. The historic zoning commission shall be appointed by the chief executive of the county or municipality, subject to confirmation by the local legislative body. The terms of members of the historic zoning commission shall be five (5) years, except that the members appointed initially shall be appointed for staggered terms so that the terms of at least one (1) member but not more than two (2) members shall expire each year. All members shall serve without compensation. The commission may adopt rules and regulations consistent with this part.
    1. In any area of the state served by a regional planning commission created pursuant to chapter 3 of this title, the local legislative bodies of the region served by such commission may create a regional historic zoning commission. The regional historic zoning commission shall have no less than five (5) and no more than nine (9) members which shall consist of a representative of a local patriotic or historical organization; an architect, if available; a person who is a member of the regional planning commission, at the time of such person's appointment; one (1) member from each legislative body in the area served by the regional planning commission; and the remainder shall be from the community in general. An equal number of representatives shall be appointed by the chief executive of each county and/or municipality served by the regional planning commission, subject to the confirmation by the legislative body, except that the regional planning commission shall nominate the member of that commission who shall serve on the regional historic zoning commission and that member shall be confirmed by the legislative bodies of all the counties and/or municipalities within the area served by the regional planning commission. The terms of members of the regional historic zoning commission shall be five (5) years, except that members appointed initially shall be appointed for staggered terms so that the terms of at least one (1) member, but no more than two (2) members, shall expire each year. The term of the member nominated from the regional planning commission shall be concurrent with the term on the regional planning commission, and the term of members from the local legislative body shall be concurrent with the terms on the local legislative body. All members shall serve without compensation. The commission may adopt rules and regulations consistent with this part.
    2. This subsection (b) shall not apply in any county having a metropolitan form of government and having a population of not less than four hundred thousand (400,000) nor more than five hundred thousand (500,000), according to the 1980 federal census or any subsequent federal census.

Acts 1982, ch. 814, § 1; 1987, ch. 40, §§ 1, 7.

Compiler's Notes. For table of U.S. decennial populations of Tennessee counties, see Volume 13 and its supplement.

13-7-404. “Historic district or zone” defined.

Historic districts or zones may be established by a county or municipal legislative body, either as a part of a new zoning ordinance or as an amendment to existing ordinances. For the purpose of this part, “historic district or zone” is defined as a geographically definable area which possesses a significant individual structure or a concentration, linkage or continuity of sites, buildings, structures or objects which are united by past events or aesthetically by plan or physical development, and which meets one (1) or more of the following criteria:

  1. It is associated with an event which has made a significant contribution to local, state, or national history;
  2. It includes structures associated with the lives of persons significant in local, state, or national history;
  3. It contains structures or groups of structures which embody the distinctive characteristics of a type, period, or method of construction, or that represent the work of a master, or that possess high artistic values, or that represent a significant and distinguishable entity whose components may lack individual distinction;
  4. It has yielded or may be likely to yield archaeological information important in history or prehistory; or
  5. It is listed in the National Register of Historic Places.

Acts 1982, ch. 814, § 1; 1989, ch. 422, § 1.

13-7-405. Recommendations concerning creation of historic districts or zones.

  1. The historic zoning commission has the authority to submit recommendations to the county or municipal legislative body regarding the creation of historic districts and zones in accordance with the definition set forth in this part. Prior to establishing a historic district or zone, the county or municipal legislative body shall refer any historic district or zone proposal to the historic zoning commission for its recommendations, and the historic zoning commission shall furnish the legislative body its recommendations on such proposal in writing.
    1. The regional historic zoning commission has the authority to submit recommendations to any county or municipal legislative body within the area served by the regional historic zoning commission regarding the creation of historic districts and zones in accordance with the definition set forth in this part. Prior to establishing a historic district or zone, the county or municipal legislative body of the area in which the establishment of the zone or district is being considered shall refer any historic district or zone proposal to the regional historic zoning commission for its recommendations, and the regional historic zoning commission shall furnish the legislative body its recommendations on such proposal in writing. In addition, the recommendation of the regional historic zoning commission shall be referred to the regional planning commission which shall consider the district or zone and refer its recommendation regarding the proposed district or zone to the legislative body in writing.
    2. This subsection (b) shall not apply in any county having a metropolitan form of government and having a population of not less than four hundred thousand (400,000) nor more than five hundred thousand (500,000), according to the 1980 federal census or any subsequent federal census.

Acts 1982, ch. 814, § 1; 1987, ch. 40, §§ 2, 7.

Compiler's Notes. For table of U.S. decennial populations of Tennessee counties, see Volume 13 and its supplement.

Cross-References. Historic district or zone defined, § 13-7-404.

NOTES TO DECISIONS

1. Pending Ordinance Doctrine.

Councilwoman's filing of a zone change application form and the city's historic zoning commission's notice of a public meeting regarding her proposal did not establish a pending zoning ordinance, because the commission had not yet considered the zoning change application or made its recommendation to the city as required by T.C.A. § 13-7-405(a), (b); therefore, the city did not have the authority pursuant to the pending ordinance doctrine to revoke demolition permits it had issued to a private school. Harding Acad. v. Metro. Gov't of Nashville & Davidson County, 222 S.W.3d 359, 2007 Tenn. LEXIS 459 (Tenn. 2007).

13-7-406. Review guidelines — Public hearing — Notice.

Prior to the establishment of any historic district or zone, the historic zoning commission or the regional historic zoning commission also shall adopt for each such proposed district or zone a set of review guidelines, which it will apply in ruling upon the granting or denial of a certificate of appropriateness as provided for in this part. Such review guidelines shall be consistent with the purposes of this part and with regulations and standards adopted by the secretary of the interior pursuant to the National Historic Preservation Act of 1966 (16 U.S.C. § 470 et seq.), applicable to the construction, alteration, rehabilitation, relocation or demolition of any building, structure or other improvement situated within a historic district which has been certified by the secretary of the interior as a registered historic district. Reasonable public notice and opportunity for public comment, by public hearing or otherwise, shall be required before the historic zoning commission or the regional historic zoning commission adopts any such review guidelines.

Acts 1982, ch. 814, § 1; 1987, ch. 40, § 3; 1989, ch. 422, § 2.

NOTES TO DECISIONS

1. Procedure.

While the historic zoning commission did not comply with T.C.A. § 13-7-406 in its adoption of guidelines and designation, the homeowner's delay in challenging the procedural defects of the zoning ordinance's adoption immunizes it from attack. Metro. Gov't of Nashville v. Hudson, 148 S.W.3d 907, 2003 Tenn. App. LEXIS 930 (Tenn. Ct. App. 2003), appeal denied, — S.W.3d —, 2004 Tenn. LEXIS 584 (Tenn. June 21, 2004), cert. denied, Hudson v. Metro. Gov't of Nashville & Davidson County, 543 U.S. 1049, 125 S. Ct. 865, 160 L. Ed. 2d 770, 2005 U.S. LEXIS 451 (2005).

2. Invalid Ordinance.

Emergency demolition ordinance was invalid because it was not enacted in accordance with the planning, public notice, and public hearing provisions of the applicable statutory zoning requirements or the applicable historic zoning statutes governing creation and regulation of historic districts or zones. Cherokee Country Club, Inc. v. City of Knoxville, 152 S.W.3d 466, 2004 Tenn. LEXIS 989 (Tenn. 2004).

13-7-407. Applications for permits for construction in historic zones — Certificates of appropriateness.

  1. All applications for permits for construction, alteration, repair, rehabilitation, relocation or demolition of any building, structure or other improvement to real estate situated within a historic zone or district shall be referred to the historic zoning commission or the regional historic zoning commission, which shall have broad powers to request detailed construction plans and related data pertinent to thorough review of the proposal. The historic zoning commission or the regional historic zoning commission may also be authorized to review the construction, alteration, rehabilitation, relocation or demolition of any building, structure or other improvement on real property, whether privately or publicly owned, which is situated in a historic district or zone, and for which a permit is not required. No construction, alteration, repair, rehabilitation, relocation or demolition of any building, structure or other improvement to real property situated within a historic district or zone, for which the historic zoning commission or the regional historic zoning commission has been granted the authority to review and to grant or deny a certificate of appropriateness, shall be performed without the issuance of a certificate of appropriateness.
  2. The governing board of any municipality may enact an ordinance to prevent the demolition by neglect of any designated landmark or any building or structure within an established historic zone or district. Such ordinance shall provide appropriate safeguards to protect property owners from undue economic hardship.

Acts 1982, ch. 814, § 1; 1987, ch. 40, § 4; 1991, ch. 309, § 1.

13-7-408. Issuance or denial of certificate of appropriateness — Guidelines.

The historic zoning commission or the regional historic zoning commission shall, within thirty (30) days following the availability of sufficient data, grant a certificate of appropriateness with or without attached conditions or deny the certificate, and shall state the grounds for denial in writing. In its review of any such work to be undertaken in a historic district or zone, the historic zoning commission or the regional historic zoning commission shall apply the applicable review guidelines and give prime consideration to:

  1. Historic or architectural value of the present structure;
  2. The relationship of the exterior architectural features of such structure to the rest of the structures, to the surrounding area, and to the character of the district;
  3. The general compatibility of exterior design, arrangement, texture, and materials proposed to be used; and
  4. Any other factor, including aesthetic, which is reasonably related to the purposes of this part.

Acts 1982, ch. 814, § 1; 1987, ch. 40, § 5.

NOTES TO DECISIONS

1. Procedure.

In a case in which petitioner applied for a permit to renovate a 1935 industrial building located within a historic preservation district, a zoning commission's failure to issue a permit within 30 days of its decision to approve the renovations with conditions did not constitute an implied approval of petitioner's application as initially presented. MJM Real Estate Invs., LLC v. Metro. Gov't of Nashville & Davidson Cty., — S.W.3d —, 2018 Tenn. App. LEXIS 168 (Tenn. Ct. App. Mar. 29, 2018), appeal denied, MJM Real Estate Invs., LLC v. Metro. Gov't, — S.W.3d —, 2018 Tenn. LEXIS 437 (Tenn. July 18, 2018).

2. Evidence.

In a case in which petitioner applied for a permit to renovate a 1935 industrial building located within a historic preservation district, the evidence supported the trial court's determination that the zoning commission complied with the applicable statutes, ordinances, and design guidelines when it denied a permit for vertically operable windows. The trial court affirmed the commission's decision, based on its finding that a parapet wall would be more in keeping with the style of the original 1935 building and would harmonize the building with the rest of the district. MJM Real Estate Invs., LLC v. Metro. Gov't of Nashville & Davidson Cty., — S.W.3d —, 2018 Tenn. App. LEXIS 168 (Tenn. Ct. App. Mar. 29, 2018), appeal denied, MJM Real Estate Invs., LLC v. Metro. Gov't, — S.W.3d —, 2018 Tenn. LEXIS 437 (Tenn. July 18, 2018).

13-7-409. Appeals.

Anyone who may be aggrieved by any final order or judgment of the historic zoning commission or regional historic zoning commission may have such order or judgment reviewed by the courts by the procedure of statutory certiorari, as provided in title 27, chapter 8.

Acts 1982, ch. 814, § 1; 1987, ch. 40, § 6.

NOTES TO DECISIONS

1. Collateral Attack.

Property owner was asserting a collateral attack, which was generally not permitted, but it challenged the Metropolitan Historic Zoning Commission's jurisdiction, which was an exception to the collateral attack rule; therefore, the owner's collateral challenge on jurisdictional grounds was permitted. Metro. Gov't of Nashville v. RSF Investors, LLC, — S.W.3d —, 2017 Tenn. App. LEXIS 482 (Tenn. Ct. App. July 14, 2017), appeal denied, Metro. Gov't of Nashville & Davidson Cty. v. RSF Inv'rs, LLC, — S.W.3d —, 2017 Tenn. LEXIS 762 (Tenn. Nov. 16, 2017).

13-7-410. Applicability of part relative to regional historic zoning commissioners.

The provisions of this part relative to “regional historic zoning commissioners” shall not apply in any county having a metropolitan form of government and having a population of not less than four hundred thousand (400,000) nor more than five hundred thousand (500,000), according to the 1980 federal census or any subsequent federal census.

Acts 1987, ch. 40, § 7.

Compiler's Notes. For table of U.S. decennial populations of Tennessee counties, see Volume 13 and its supplement.

Part 5
Temporary Family Healthcare Structures

13-7-501. Part definitions.

For purposes of this part:

  1. “Caregiver” means an adult who provides care for a mentally or physically impaired person within this state, and who is related by blood, marriage, or adoption to, or shall be the legally appointed guardian of, the mentally or physically impaired person for whom the adult is caring;
  2. “Mentally or physically impaired person” means a person who is a resident of this state and who requires assistance with two (2) or more activities of daily living, as certified in a writing provided by a physician licensed under title 63, chapter 6 or 9; and
  3. “Temporary family healthcare structure” means a transportable healthcare environment that is specifically designed with environmental controls, biometric and other remote monitoring technology, sensors, and communication systems to support extended home-based medical care, rehabilitation, and the provision of home- and community-based support and assistance for an older adult or person with a disability on the property where family members or unpaid caregivers who participate in the person's care reside. A temporary family healthcare structure:
    1. Is primarily assembled at a location other than its site of installation;
    2. Is limited to one (1) occupant who shall be the older adult or person with a disability who requires extended home-based medical care, rehabilitation, or the provision of home and community-based support and assistance;
    3. Meets the accessibility guidelines of the federal department of housing and urban development and the Americans with Disabilities Act (42 U.S.C. § 12131 et seq.);
    4. Has no more than five hundred gross square feet (500 gross sq. ft.); and
    5. Complies with applicable provisions of title 68, chapter 120, part 1, and codes adopted by a county pursuant to title 5. Placing the temporary family healthcare structure on a permanent foundation shall not be required or permitted.

Acts 2016, ch. 992, § 1.

Code Commission Notes.

Acts 2016, ch. 992, § 1 enacted a new part 5 with only one section, § 13-7-501,  but that section has been reorganized and divided into multiple sections, §§ 13-7-50113-7-505, by authority of the Code Commission.

13-7-502. Temporary family healthcare structure as permitted accessory use — Permit.

    1. For all purposes under this chapter, zoning ordinances may consider as a permitted accessory use in any single-family residential zoning district on lots zoned for single-family detached dwellings, any temporary family healthcare structures that are:
      1. For use by a caregiver in providing care for a mentally or physically impaired person; and
      2. On property owned or occupied by the caregiver as their residence.
    2. Temporary family healthcare structures shall comply with any local requirements for accessory dwelling structures of this type. Temporary family healthcare structures shall comply with all setback requirements that apply to the primary structure and with any maximum floor area ratio limitations that may apply to the primary structure. Only one (1) temporary family healthcare structure shall be allowed on a lot or parcel of land.
  1. Any person proposing to install a temporary family healthcare structure shall first obtain a permit from the local governing body, for which the local government may charge a fee of up to one hundred dollars ($100). The local government may not withhold such permit if the applicant provides sufficient proof of compliance with this section. The local government may require that the applicant provide evidence of compliance with this section on an annual basis as long as the temporary family healthcare structure remains on the property. This evidence may involve the inspection by the locality of the temporary family healthcare structure at reasonable times convenient to the caregiver, not limited to any annual compliance confirmation.

Acts 2016, ch. 992, § 1.

Code Commission Notes.

Acts 2016, ch. 992, § 1 enacted a new part 5 with only one section, § 13-7-501,  but that section has been reorganized and divided into multiple sections, §§ 13-7-50113-7-505, by authority of the Code Commission.

13-7-503. Compliance with local codes and ordinances and applicable requirements of department of health.

Any temporary family healthcare structure installed pursuant to this part shall comply with any local codes and ordinances to connect to any water, sewer, and electric utilities that are serving the primary residence on the property and shall comply with all applicable requirements of the department of health.

Acts 2016, ch. 992, § 1.

Code Commission Notes.

Acts 2016, ch. 992, § 1 enacted a new part 5 with only one section, § 13-7-501,  but that section has been reorganized and divided into multiple sections, §§ 13-7-50113-7-505, by authority of the Code Commission.

13-7-504. Signage, advertisement, or other promotion of existence of structure not permitted.

No signage advertising or otherwise promoting the existence of the structure shall be permitted either on the exterior of the temporary family healthcare structure or elsewhere on the property.

Acts 2016, ch. 992, § 1.

Code Commission Notes.

Acts 2016, ch. 992, § 1 enacted a new part 5 with only one section, § 13-7-501,  but that section has been reorganized and divided into multiple sections, §§ 13-7-50113-7-505, by authority of the Code Commission.

13-7-505. Removal of structure — Revocation of permit.

  1. Any temporary family healthcare structure installed pursuant to this section shall be removed by the property owner within thirty (30) days from which the mentally or physically impaired person is no longer receiving or is no longer in need of the assistance provided for in this section. The local government may fine the property owner up to fifty dollars ($50.00) per day for a violation of this section, with each day constituting a separate offense.
  2. The local governing body, or planning commission on its behalf, may revoke the permit granted pursuant to § 13-7-502(b) if the permit holder violates this section. Additionally, the local governing body may seek injunctive relief or other appropriate actions or proceedings in the circuit court of that locality to ensure compliance with this section. The local codes department or building inspector is vested with all necessary authority on behalf of the governing body of the locality to ensure compliance with this section.

Acts 2016, ch. 992, § 1.

Code Commission Notes.

Acts 2016, ch. 992, § 1 enacted a new part 5 with only one section, § 13-7-501,  but that section has been reorganized and divided into multiple sections, §§ 13-7-50113-7-505, by authority of the Code Commission.

Part 6
Short-Term Rental Unit Act

13-7-601. Short title.

This part shall be known and may be cited as the “Short-Term Rental Unit Act.”

Acts 2018, ch. 972, § 1.

13-7-602. Part definitions.

As used in this part:

  1. “Effectively prohibit” means a local governing body acts or fails to act in a manner that prevents a property owner from using the owner's property as a short-term rental unit after reasonable compliance with generally applicable local laws;
  2. “Generally applicable local law” means an ordinance, resolution, regulation, rule, or other requirement of any type other than zoning enacted, maintained, or enforced by a local governing body that applies to all property or use of all property and does not apply only to property used as a short-term rental unit;
  3. “Local governing body” means the legislative body of a city, municipality, county, or other political subdivision of this state that has authority to enact a zoning ordinance, resolution, regulation, rule, or other requirement of any type regarding land use in its jurisdiction;
  4. “Prohibit” means to forbid or ban the operation of short-term rental units, either permanently or temporarily, within a local governing body's jurisdiction, portion of the local governing body's jurisdiction, or a portion of an owner's property;
  5. “Property” means a tract of land as recorded with the register of deeds office of the county where the property is located;
  6. “Provider” means any person engaged in renting a short-term rental unit and includes an owner of a residential unit that is made available through a vacation lodging service as that term is defined in § 62-13-104;
  7. “Residential dwelling” means a cabin, house, or structure used or designed to be used as an abode or home of a person, family, or household, and includes a single-family dwelling, a portion of a single-family dwelling, or an individual residential dwelling in a multi-dwelling building, such as an apartment building, condominium, cooperative, or timeshare;
  8. “Short-term rental unit” or “unit” means a residential dwelling that is rented wholly or partially for a fee for a period of less than thirty (30) continuous days and does not include a hotel as defined in § 68-14-302 or a bed and breakfast establishment or a bed and breakfast homestay as those terms are defined in § 68-14-502;
  9. “Transferred” means:
    1. An interest in real estate was conveyed on or after May 17, 2018; and
    2. The conveyance is exempt from the recordation tax pursuant to § 67-4-409(a)(3)(A)(i) and (a)(3)(A)(i), (E), and (F); and
  10. “Used as a short-term rental unit” means the property was held out to the public for use as a short-term rental unit, and:
    1. For property that began being held out to the public for use as a short-term rental unit within the jurisdiction of a local governing body that required a permit to be issued or an application to be approved pursuant to an ordinance specifically governing short-term rental units prior to using the property as a short-term rental unit, a permit was issued or an application was approved by the local governing body for the property; or
    2. For property that began being held out to the public for use as a short-term rental unit within the jurisdiction of a local governing body that did not require a permit to be issued or an application to be approved pursuant to an ordinance specifically governing short-term rental units, the provider remitted taxes due on renting the unit pursuant to title 67, chapter 6, part 5 for filing periods that cover at least six (6) months within the twelve-month period immediately preceding the later of:
      1. May 17, 2018; or
      2. The effective date of an ordinance, resolution, regulation, rule, or other requirement by a local governing body having jurisdiction over the property requiring a permit or an application to be approved pursuant to an ordinance specifically governing short-term rental units.

Acts 2018, ch. 972, § 1; 2020, ch. 787, § 5.

Compiler's Notes. Acts 2020, ch. 787, § 12 provided, in part, that the act, which amended this section, shall apply to any local governmental action, including assessment of property for taxation purposes, occurring on or after August 1, 2020.

Amendments. The 2020 amendment added the definition of “Transferred”.

Effective Dates. Acts 2020, ch. 787, § 12. July 15, 2020.

13-7-603. Effect of ordinance or other requirement that prohibits or regulates use of property as short-term rental unit.

  1. Except as otherwise provided in subsection (b), an ordinance, resolution, regulation, rule, or other requirement of any type that prohibits, effectively prohibits, or otherwise regulates the use of property as a short-term rental unit shall not apply to property if the property was being used as a short-term rental unit by the owner of the property prior to the enactment of the ordinance, resolution, regulation, rule, or other requirement by the local governing body. The ordinance, resolution, regulation, rule, or other requirement in effect at the time the property began being used as a short-term rental unit is the law that governs the use of the property as a short-term rental unit until the property is sold, transferred, ceases being used as a short-term rental unit for a period of thirty (30) continuous months, or has been in violation of a generally applicable local law three (3) or more separate times as provided by § 13-7-604. For purposes of this subsection (a), an ordinance, resolution, regulation, rule, or other requirement is in effect at the time it is lawfully enacted by the local governing body and not the time in which it is introduced for consideration by the local governing body.
  2. Notwithstanding subsection (a), an ordinance, resolution, regulation, rule, or other requirement of any type enacted prior to January 1, 2014, that prohibits or effectively prohibits the use of property as a short-term rental unit may apply to any property within a local governing body's jurisdiction, regardless of the property's existing use. However, this subsection (b) applies only to ordinances, resolutions, regulations, rules, or other requirements that expressly limit the period of time a residential dwelling may be rented, and does not apply to ordinances, resolutions, regulations, rules, or other requirements that generally prohibit commercial activity or the renting of residential dwellings to transients.

Acts 2018, ch. 972, § 1.

Attorney General Opinions. Proposed legislation would establish a continued-use provision for short-term rental units, which would prohibit local governments from applying regulations and restrictions to short-term rental units that were in operation before the enactment of those regulations and restrictions. The legislation would not apply, however, to regulations and restrictions enacted by a local government before January 1, 2014.  By allowing some local governments to enforce their rules governing short-term rental units uniformly but preventing other local governments–namely those that enacted rules after January 1, 2014–from doing so, the proposed legislation does not constitute impermissible class legislation.  However, a provision which would allow some local governments to continue to prohibit short-term rentals but would prevent local governments that did not enact such laws prior to August 1, 2017, from doing so would, constitute impermissible class legislation.  The proposed legislation would also prevent a local government from considering the leasing of a residential dwelling as a short-term rental for purposes of determining land use or utility rates. This provision does not violate article II, section 28 of the Tennessee Constitution.  Furthermore, the proposed legislation does not otherwise violate the U.S. Constitution or Tennessee Constitution, including by effectively limiting the ability of a single county to restrict short-term rentals or by employing terms such as “effectively prohibit” and “reasonable compliance” that might be deemed too vague to provide meaningful guidance to local governments. OAG 18-10, 2018 Tenn. AG LEXIS 11 (3/14/2018).

13-7-604. Prohibition of continued use of property as short-term rental unit based on violations — Authorization of short-term rental units through permitting or application process.

  1. Section 13-7-603 does not prevent a local governing body from prohibiting the continued use of property as a short-term rental unit if, as a direct result of the operation of the short-term rental unit, the unit has been in violation of a generally applicable local law three (3) or more separate times, and the provider has no appeal rights remaining for any of the three (3) violations. The burden of proof that a violation of a generally applicable local law was a direct result of the operation of the short-term rental unit is on the local governing body.
    1. The local governing body may authorize short-term rental units through a permitting or application process.
    2. Notwithstanding this part to the contrary, a local governing body that authorizes short-term rental units through a permitting or application process pursuant to subdivision (b)(1) may suspend the continued use of property as provided in § 13-7-603(a) during the time that the unit does not maintain a permit or approved application if the permitting or application requirements are reasonable.
    3. Nothing in this subsection (b) extinguishes a provider's right to continued use of property as a short-term rental unit set out in § 13-7-603(a) unless the property is sold, transferred, ceases being used as a short-term rental unit for a period of thirty (30) continuous months, or has been in violation of a generally applicable local law three (3) or more separate times as provided by subsection (a).
  2. A local governing body that accepts public complaints regarding the operation of short-term rental units in its jurisdiction pursuant to a permitting or application process shall assure that all complainants are notified that any false complaint made against a short-term rental unit provider are punishable as perjury under § 39-16-702.
  3. If a local governing body prohibits, effectively prohibits, suspends, or otherwise regulates property used as a short-term rental unit that is also subject to § 13-7-603(a), the provider may challenge the prohibition, regulation, suspension, or regulation as in conflict with this part through a civil action or appeal. The circuit or chancery court has jurisdiction of any appeal instituted by a provider pursuant to this subsection (d) and review is de novo.

Acts 2018, ch. 972, § 1.

13-7-605. Effect of part on condominiums, co-ops, homeowners associations, or other similar entities, lessors, and property owners.

Nothing in this part prohibits:

  1. A condominium, co-op, homeowners association, or other similar entity from prohibiting or otherwise restricting an owner of property within the jurisdiction of the condominium, co-op, association, or other similar entity from using the owner's property as a short-term rental unit as provided for in the entity's governing documents;
  2. A lessor, through the terms of a lease agreement, from restricting the use of the leased property as a short-term rental unit; or
  3. A property owner from placing a restrictive covenant or easement on the property that restricts the future use of the property as a short-term rental unit as authorized under existing law.

Acts 2018, ch. 972, § 1.

13-7-606. Supersession of conflicting requirements.

This part supersedes any ordinance, resolution, regulation, rule, or other requirement of any type enacted, maintained, or enforced by a local governing body that is in conflict with this part.

Acts 2018, ch. 972, § 1.

13-7-117. Certificate of insurance or workers' compensation policy required for issuance of building permit — Return of certificate or policy — Exemptions — Liability — Violations.

Chapter 8
Security Gates and Barriers

13-8-101. Applicability of chapter.

This chapter shall apply to any gated facility or community, whether residential, commercial or industrial, approved for or constructed after May 22, 2008, and the installation of any new or replacement security gate or barrier at any existing gated facility or community after May 22, 2008.

Acts 2008, ch. 1008, § 2.

13-8-102. Chapter definitions.

As used in this chapter, unless the context otherwise requires:

  1. “Access road” means a vehicular access roadway greater than or equal to twenty-four feet (24') in width;
  2. “Authority” means a governing body identified in § 13-8-103;
  3. “Driveway” means a vehicular access roadway less than twenty-four feet (24') in width and serving no more than two (2) single-family dwellings;
  4. “Gated facility or community” means a multifamily residential property or commercial or industrial development or compound that has a security gate or barrier to block the entrance to the facility or community from a public street to a private street, parking lot or driveway of the facility or community;
  5. “Radio operated controller” means a device used to operate a security gate or barrier that is equipped with a radio receiver capable of receiving signals from a police department, sheriff's department, if the gated facility or community is in the county, fire department, utility and emergency medical services' radio transceivers that allow emergency responders and other necessary on-duty employees to open the security gate or barrier or blocking device by use of the equipment; and
  6. “Security gate or barrier” means a gate or barrier, electrically operated, that controls the passage of authorized vehicles and persons from a public street to access roads, driveways or parking lots of the gated facility or community.

Acts 2008, ch. 1008, § 3.

13-8-103. Review of plans for installation or replacement of security gates or barriers.

The following authorities, as applicable, shall be responsible for reviewing all plans for the installation or replacement of security gates or barriers at gated facilities or communities to ensure that each gated facility or community complies with this chapter:

  1. The regional planning commission, created pursuant to chapter 3 of this title;
  2. The municipal planning commission designated as a regional planning commission, created pursuant to chapter 3 of this title;
  3. A community planning commission, created pursuant to chapter 3 of this title;
  4. The municipal planning commission, created pursuant to chapter 4 of this title;
  5. County or municipal zoning boards, created pursuant to chapter 7 of this title; and
  6. The county or municipal legislative body if none of the agencies identified in subdivisions (1)-(5) has been created within the county or municipality, as applicable; provided, that the legislative bodies shall identify an official to review all plans for the installation or replacement of security gates or barriers at gated facilities or communities within their jurisdictions for compliance with this chapter and report the findings of the official to the legislative body for its action.

Acts 2008, ch. 1008, § 4.

13-8-104. Issuance of permit — Inspections.

After May 22, 2008, prior to the installation or replacement of a security gate or barrier at a gated facility or community, the developer or owner shall obtain a security gate or barrier permit from the authority having jurisdiction in the area where the security gate or barrier is to be replaced or installed. A permit shall only be issued for a security gate or barrier meeting the requirements of this chapter. Prior to any changes, alterations or blocking of private streets, plans detailing the change accompanied by drawings, shall be submitted to the authority having jurisdiction over the gated facility or community for approval. A county or municipal building or codes inspector shall inspect all such installations. The inspections of security gates or barriers shall be conducted at the same time as other inspections of the gated facility or community are performed by a county or municipal building or codes inspector.

Acts 2008, ch. 1008, § 5.

13-8-105. Equipment required at security gates or barriers — Policies.

  1. All security gates or barriers shall be equipped with a radio operated receiver/controller capable of receiving signals from a police department, sheriff's department, if the gated facility or community is in the county, fire department, utility and emergency medical services' radio transceivers serving the gated facility or community that allow emergency responders and other necessary on-duty employees to open the security gate or barrier by use of the equipment.
  2. All security gates or barriers must meet policies deemed necessary by the authority having jurisdiction over the gated facility or community for rapid, reliable, and mutual aid access.
  3. The equipment shall be furnished, installed and maintained by the gated facility or community that is served by the equipment.

Acts 2008, ch. 1008, § 6.

13-8-106. Maintenance and upkeep of security gate or barrier.

  1. The maintenance and upkeep of any security gate or barrier shall be the sole responsibility of the developer, owner or any duly incorporated and active association having jurisdiction of the gated facility or community.
  2. Inoperative security gates or barriers shall be repaired immediately. Inoperative gates shall be locked in the open position until repairs are made. Abandoned gates shall be permanently locked in the open position.

Acts 2008, ch. 1008, § 7.

13-8-107. Liability.

The party or parties controlling the operation and maintenance of the security gate or barrier shall be liable for any damages caused by the improper operation of the security gate or barrier.

Acts 2008, ch. 1008, § 8.

Chapter 9
Transportation Planning [Reserved]

Chapter 10
Mass Transit

Part 1
Mass Transit Projects

13-10-101. Chapter definitions.

As used in this chapter, unless the context otherwise requires:

  1. “Commissioner” means the commissioner of transportation;
  2. “Department” means the department of transportation;
  3. “Local government” means an incorporated municipality, county, agency or instrumentality of an incorporated municipality or county, two (2) or more of the foregoing acting jointly, or an authority established by law to provide mass transportation services, or a nonprofit corporation authorized to provide mass transportation services;
  4. “Mass transportation project” means the planning, acquisition, construction, reconstruction, improvement, maintenance or operation of any mass transportation system or capital equipment used in connection therewith;
  5. “Project cost” means actual or estimated cost of a mass transportation project, including relocation assistance payments, or the estimated reasonable cost thereof as approved by the commissioner, whichever is lower, less any federal assistance received or to be received for the project; and
  6. “Rail fixed guideway public transportation system” has the same meaning as provided in 49 CFR Part 674.

Acts 1972, ch. 829, § 2; 1973, ch. 140, § 4; 1977, ch. 276, §§ 2-5; T.C.A., § 13-1701; Acts 1981, ch. 264, § 22; 2000, ch. 750, § 1; 2018, ch. 743, § 1.

Cross-References. Department of Transportation, creation, § 4-3-101.

13-10-102. Functions of commissioner.

The commissioner is authorized to:

  1. Study mass transportation problems and provide technical assistance to local governments and operators of mass transportation;
  2. Undertake projects to develop or demonstrate improvement in mass transportation facilities, equipment, services and management techniques; acquire and operate or contract for the operation of vehicles and other equipment necessary for such projects;
  3. Render financial assistance to local governments for mass transportation projects out of appropriations made available by the general assembly for such purpose; and
  4. Act as agent for any local government which so requests in applying for, accepting, receiving, receipting for, and disbursing federal moneys for mass transportation projects.

Acts 1972, ch. 829, § 8; 1977, ch. 276, §§ 6-13; T.C.A., § 13-1702; Acts 1981, ch. 264, §§ 19, 20.

13-10-103. [Reserved.]

The commissioner, at reasonable times, may inspect the property and examine the books and papers dealing with the type and adequacy of services of any person engaged in operating a public mass transportation facility or system in whole or in part within the state. The commissioner may hold investigations or hearings within or without the state. This section shall not affect the regulatory powers of the state with respect to transportation rates and services.

Acts 1972, ch. 829, § 10; 1977, ch. 276, § 15; T.C.A., § 13-1704; Acts 1981, ch. 264, § 22.

13-10-105, 13-10-106. [Reserved.]

  1. Any state financial assistance for mass transportation projects undertaken by local governments may be used to pay up to one hundred percent (100%) of the project cost.
  2. No mass transportation project shall be eligible for assistance under this chapter until the project has been approved by the commissioner as consistent with the statewide comprehensive plan for transportation approved by the commissioner and reported to the general assembly.
  3. State moneys appropriated for any mass transportation project undertaken by local government shall be allotted pursuant to a contract entered into by the commissioner, in the name of the state, and the local government undertaking such project. The contract may include any provision agreed upon by the parties thereto, and shall include, in substance, the following provisions:
    1. An estimate of the reasonable cost of the project as determined by the commissioner;
    2. An agreement by the commissioner to pay to the local government, following completion of the project, or during the undertaking thereof in the form of progress payments, such financial assistance as is provided for herein;
    3. An agreement by the local government to:
      1. Proceed expeditiously with and complete the project in accordance with plans approved by the commissioner;
      2. Commence and continue operation of the project on completion of the project, and not to discontinue operation or dispose of all or part of the project without the approval of the commissioner;
      3. Apply for, and make reasonable efforts to secure, federal assistance for the project, subject to any conditions that the commissioner may require in order to maximize the amounts of such assistance received or to be received for all projects in the state; and
      4. Provide for the payment of the local government's share of the cost of the project; and
    4. A provision that, if federal assistance which was not included in the calculation of the state payment pursuant to subdivision (c)(2) becomes available to the local government, the amount of the state payment shall be recalculated with the inclusion of such additional federal assistance, and the local government shall either:
      1. Pay to the state the amount by which the state payment actually made exceeds the state payment determined by the recalculation; or
      2. If such additional federal assistance has not been received by the local government, authorize the state to receive such amount from the federal government and to retain an appropriate amount thereof.
  4. The commissioner shall prepare and file with the general assembly an annual report on the scope and results of construction undertaken pursuant to this chapter.
  5. For each contract concerning a mass transportation project, the commissioner shall keep adequate records of the amount of the payment by the state pursuant to subdivision (c)(2), and of the amount of federal assistance received by the local government. These records shall be retained by the commissioner and shall establish the basis for application for federal reimbursement of payments made by the state. The commissioner may make such applications.
  6. The commissioner may prescribe rules and regulations to carry out this section.

Acts 1972, ch. 829, § 13; 1973, ch. 140, § 5; 1977, ch. 276, §§ 18-24; T.C.A., § 13-1707; Acts 1980, ch. 809, § 1; 1981, ch. 264, § 22.

Compiler's Notes. This section may be affected by § 9-1-116, concerning entitlement to funds, absent appropriation.

Cross-References. Reporting requirement satisfied by notice to general assembly members of publication of report, § 3-1-114.

13-10-108. Purposes for which any local government may adopt local ordinances delineated.

  1. Any local government may adopt local ordinances to authorize:
    1. The acquisition, construction, reconstruction, improvement, maintenance or operation of one (1) or more mass transportation projects, and the use of streets, roads, highways, avenues, parks, or public places for these purposes;
    2. The making of a contract or contracts for the acquisition by purchase of all or any part of the property, plant, and equipment of an existing mass transportation facility actually used and useful for the convenience of the public;
    3. The making of a contract or contracts with any person, firm or corporation, including a public authority, for the equipment, maintenance or operation of a mass transportation facility owned, acquired, constructed, reconstructed or improved by the local government; and
    4. The making of a contract or contracts for a fair and reasonable consideration for mass transportation services to be rendered to the public by a privately-owned or operated mass transportation facility. Such power shall include, but not be limited to, the power to appropriate funds for payment of such consideration, and to provide that all or part of such consideration shall be in the form of capital equipment to be furnished to and used and maintained by such privately-owned or operated mass transportation facility.
  2. The powers granted by this section shall be in addition to, and not in substitution for, any other power to acquire, construct, reconstruct, improve, equip, maintain or operate any mass transportation capital project.

Acts 1972, ch. 829, § 14; 1977, ch. 276, § 25; T.C.A., § 13-1708.

13-10-109. Financial assistance — Approved sources.

Any local government may apply for, accept, and expend financial assistance from:

  1. The state, for one (1) or more mass transportation projects provided pursuant to this title, whether by way of direct financial assistance or by way of prefinancing of any financial assistance from the federal government; and
  2. The federal government, or any agency or instrumentality thereof, for the construction, operation or maintenance of one (1) or more mass transportation projects provided pursuant to any act of the congress of the United States or any rule, regulation or order promulgated pursuant thereto.

Acts 1972, ch. 829, § 15; 1977, ch. 276, §§ 26-28; T.C.A., § 13-1709.

Compiler's Notes. This section may be affected by § 9-1-116, concerning entitlement to funds, absent appropriation.

Part 2
State Safety Oversight Program

13-10-201. Responsibility for implementation.

  1. The department is designated as the agency responsible for implementing a state safety oversight program that satisfies the requirements of 49 U.S.C. § 5329(e) and shall have the authority to implement all requirements necessary to comply with 49 U.S.C. § 5329(e) and the implementing federal regulations.
  2. The department may enter into an agreement with one (1) or more contractors to act on behalf of the department in carrying out the duties of the department under this part. However, any such contractor may not provide services to both the department and a rail fixed guideway public transportation system under the oversight of the department, unless authorized by a waiver issued by the federal transit administrator or the administrator's designee.

Acts 2018, ch. 743, § 2.

13-10-202. Financial and legal independence.

  1. Unless waived under 49 U.S.C. § 5329(e), the department:
    1. Shall be financially and legally independent from any rail fixed guideway public transportation system under the oversight of the department;
    2. May not employ an individual who is also employed by a rail fixed guideway public transportation system under the oversight of the department; and
    3. May not directly provide public transportation services in an area with a rail fixed guideway public transportation system under the oversight of the department.
  2. A rail fixed guideway public transportation system under the oversight of the department may not provide funding to the department in a manner prohibited by the federal transit administration.

Acts 2018, ch. 743, § 2.

13-10-203. Enforcement authority.

  1. The department shall oversee and have the authority to implement all safety aspects of rail fixed guideway public transportation systems in accordance with 49 U.S.C. § 5329(e), including:
    1. Investigation and enforcement of federal and state laws regarding rail fixed guideway public transportation safety;
    2. Establishment of minimum safety standards for the rail fixed guideway public transportation systems in the state;
    3. Review, approval, oversight, and enforcement of the public transportation agency safety plan required under 49 U.S.C. § 5329(d), including implementation by a rail fixed guideway public transportation system of the system's plan; and
    4. Oversight and enforcement of corrective action by rail fixed guideway public transportation systems in a manner directed by the commissioner or commissioner's designee as needed, including compelling the removal of a specific hazard, immediately suspending or prohibiting rail service as appropriate, or taking other action consistent with this purpose.
  2. The department shall have the right to access the property, vehicles, accident scenes, and records of each rail fixed guideway public transportation system under the oversight of the department for the purpose of fulfilling its duties under this part.

Acts 2018, ch. 743, § 2.

13-10-204. Confidentiality of information.

  1. The data collected for and reports concerning investigations conducted under this part by the department, or a contractor acting on behalf of the department, shall be confidential and not open for inspection by members of the public pursuant to the open records law, compiled in title 10, chapter 7, and may not be admitted into evidence or used in a civil action for damages resulting from a matter mentioned in such a report.
  2. Any portion of a rail fixed guideway public transportation system safety plan that concerns security for the system shall be confidential and not open for inspection by members of the public pursuant to the open records law.

Acts 2018, ch. 743, § 2.

Cross-References. Confidentiality of public records, § 10-7-504.

13-10-205. Audits and reporting.

  1. At least once every three (3) years, the department shall audit each rail fixed guideway public transportation system's compliance with the public transportation agency safety plan as required by 49 U.S.C. § 5329(e).
  2. At least once per year, the department shall report the status of the safety of each rail fixed guideway public transportation system to the governor, the federal transit administration, and the board of directors, or equivalent, of the rail fixed guideway public transportation system.

Acts 2018, ch. 743, § 2.

13-10-206. Authority to adopt policies and regulations.

The department is authorized to establish policies and promulgate rules and regulations in furtherance of this part. All rules shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.

Acts 2018, ch. 743, § 2.

13-10-104. Authority of commissioner to inspect property and records and conduct investigations and hearings.

13-10-107. State financial assistance — Contingencies.

Chapter 11
Uniform Relocation Assistance Act of 1972

13-11-101. Short title.

This chapter may be cited as the “Uniform Relocation Assistance Act of 1972.”

Acts 1972, ch. 608, § 1; T.C.A., § 13-1901.

Attorney General Opinions. Applicability of Uniform Relocation Assistance Act, OAG 99-135, 1999 Tenn. AG LEXIS 173 (7/7/99).

13-11-102. Purpose.

The purpose of this chapter is to establish a uniform policy for the fair and equitable treatment of persons displaced as a direct result of programs or projects undertaken by state agencies with or without federal financial assistance, programs or projects undertaken by local agencies with federal or state financial assistance and programs or projects undertaken by persons with federal financial assistance, in order that such displaced persons shall not suffer disproportionate injuries as a result of federal or state programs or projects designed for the benefit of the public as a whole, and to minimize the hardship of displacement on such persons.

Acts 1972, ch. 608, § 2; T.C.A., § 13-1902; Acts 1988, ch. 627, § 1.

13-11-103. Chapter definitions.

As used in this chapter, unless the context otherwise requires:

  1. “Business” means any lawful activity, excepting a farm operation, conducted primarily:
    1. For the purchase, sale, lease and rental of personal and real property, and for the manufacture, processing, or marketing of products, commodities, or any other personal property;
    2. For the sale of services to the public;
    3. By a nonprofit organization; or
    4. Solely for the purposes of § 13-11-105, for assisting in the purchase, sale, resale, manufacture, processing, or marketing of products, commodities, personal property, or services by the erection and maintenance of an outdoor advertising display or displays, whether or not such display or displays are located on the premises on which any of the above activities are conducted;
  2. “Comparable replacement dwelling” means any dwelling that is:
    1. Decent, safe, and sanitary;
    2. Adequate in size to accommodate the occupants;
    3. Within the financial means of the displaced person;
    4. Functionally equivalent to the dwelling from which the occupant was displaced;
    5. In an area not subject to unreasonable adverse environmental conditions; and
    6. In a location generally not less desirable than the location of the displaced person's dwelling with respect to public utilities, facilities, services, and the displaced person's place of employment;
  3. “Displaced person” means, except as provided in subdivision (2)(B):
    1. Any person who moves from real property, or moves such person's personal property from real property:
      1. As a direct result of a written notice of intent to acquire or the acquisition of such real property in whole or in part for a program or project undertaken by a state agency or with federal financial assistance; or
      2. On which such person is a residential tenant or conducts a small business, a farm operation, or a business defined in subdivision (1)(D), as a direct result of rehabilitation, demolition, or such other displacing activity as the governor or the governor's designee may prescribe, under a program or project undertaken by a state agency or with federal financial assistance in any case in which the head of the displacing agency determines that such displacement is permanent; and
      3. Solely for the purposes of §§ 13-11-105(a) and (b) and 13-11-108, any person who moves from real property, or moves such person's personal property from real property as a direct result of a written notice of intent to acquire or the acquisition of other real property, in whole or in part, on which such person conducts a business or farm operation, for a program or project undertaken by a state agency or with federal financial assistance; or as a direct result of rehabilitation, demolition, or such other displacing activity as the governor or the governor's designee may prescribe, of other real property on which such person conducts a business or a farm operation, under a program or project undertaken by a state agency or with federal financial assistance where the head of the displacing agency determines that such displacement is permanent;
    2. “Displaced person” does not include:
      1. A person who has been determined, according to criteria established by the governor or the governor's designee, to be either in unlawful occupancy of the displacement dwelling or to have occupied such dwelling for the purpose of obtaining assistance under this chapter; or
      2. In any case in which the displacing agency acquires property for a program or project, any person, other than a person who was an occupant of such property at the time it was acquired, who occupies such property on a rental basis for a short term or a period subject to termination when the property is needed for the program or project;
  4. “Displacing agency” means any state agency undertaking a program or project with or without federal financial assistance, which causes a person to be displaced, a local agency undertaking a program or project with federal or state financial assistance, which causes a person to be displaced, or a person undertaking a program or project with federal financial assistance, which causes a person to be displaced;
  5. “Farm operation” means any activity conducted solely or primarily for the production of one (1) or more agricultural products or commodities, including timber, for sale or home use, and customarily producing such products or commodities in sufficient quantity to be capable of contributing materially to the operator's support;
  6. “Local agency” means any political subdivision of the state or any department, agency, or instrumentality of a political subdivision of the state or any department, agency, or instrumentality of two (2) or more political subdivisions of the state when carrying out or undertaking programs or projects with federal or state financial assistance;
  7. “Mortgage” means such classes of liens as are commonly given to secure advances on or the unpaid purchase price of, real property, under the laws of this state, together with the credit instruments, if any, secured thereby;
  8. “Person” means and includes, but is not limited to, a partnership, company, corporation, association, individual, or family who is undertaking programs or projects with federal financial assistance, or such other person, business or farm operation which is entitled to any financial or other benefit as a result of federal financial assistance, or the undertaking of any program or project by a state agency;
  9. “State agency” means any department, agency, or instrumentality of the state when carrying out or undertaking programs or projects with or without federal financial assistance, or when providing state financial assistance; and
  10. “State financial assistance” means a grant, loan, or contribution provided by the state, except any state guarantee or insurance, any interest reduction payment to an individual in connection with the purchase and occupancy of a residence by that individual, and any annual payment or capital loan to the state.

Acts 1972, ch. 608, § 3; T.C.A., § 13-1903; Acts 1985, ch. 264, § 1; 1988, ch. 627, § 2.

13-11-104. Effect upon property acquisition.

Nothing in this chapter shall be construed as creating in any condemnation proceedings brought under the power of eminent domain, any element of value or of damage not in existence immediately prior to March 30, 1972.

Acts 1972, ch. 608, § 4; T.C.A., § 13-1904.

13-11-105. Moving and related expenses.

  1. Whenever a program or project to be undertaken by a displacing agency will result in the displacement of any person, the head of the displacing agency shall provide for the payment to the displaced person of:
    1. Actual reasonable expenses in moving such person, such person's family, business, farm operation, or other personal property;
    2. Actual direct losses of tangible personal property as a result of moving or discontinuing a business or farm operation, but not to exceed an amount equal to the reasonable expenses that would have been required to relocate such property, as determined by the head of the displacing agency;
    3. Actual reasonable expenses in searching for a replacement business or farm; and
    4. Actual reasonable expenses necessary to reestablish a displaced farm, nonprofit organization, or small business at its new site, but not to exceed ten thousand dollars ($10,000).
  2. Any displaced person eligible for payments under subsection (a) who is displaced from a dwelling and who elects to accept the payments authorized by this subsection (b) in lieu of the payments authorized by subsection (a) may receive an expense and dislocation allowance, which shall be determined according to a schedule established by the governor or the governor's designee.
  3. Any displaced person eligible for payments under subsection (a) who is displaced from the person's place of business or farm operation and who is eligible under criteria established by the governor or the governor's designee may elect to accept the payment authorized by this subsection (c) in lieu of the payment authorized by subsection (a). Such payment shall consist of a fixed payment in an amount to be determined according to criteria established by the governor or the governor's designee, except that such payment shall not be less than one thousand dollars ($1,000) nor more than twenty thousand dollars ($20,000). A person whose sole business at the displacement dwelling is the rental of such property to others shall not qualify for a payment under this subsection (c).

Acts 1972, ch. 608, § 5; T.C.A., § 13-1905; Acts 1988, ch. 627, § 3.

Compiler's Notes. This section may be affected by § 9-1-116, concerning entitlement to funds absent appropriation.

NOTES TO DECISIONS

1. Billboard.

The owner of a billboard on leased property was entitled to the costs of removal of the billboard upon condemnation of the property. State ex rel. Commissioner v. Teasley, 913 S.W.2d 175, 1995 Tenn. App. LEXIS 472 (Tenn. Ct. App. 1995), appeal denied, State ex rel. Comm'r Dep't of Transp. v. Teasley, 1995 Tenn. LEXIS 633 (Tenn. Oct. 30, 1995).

13-11-106. Replacement housing for homeowners.

  1. In addition to payments otherwise authorized by this chapter, the head of the displacing agency shall make an additional payment not in excess of twenty-two thousand five hundred dollars ($22,500) to any displaced person who is displaced from a dwelling actually owned and occupied by such displaced person for not less than one hundred eighty (180) days prior to the initiation of negotiations for the acquisition of the property. Such additional payment shall include the following elements:
    1. The amount, if any, which, when added to the acquisition cost of the dwelling acquired by the displacing agency, equals the reasonable cost of a comparable replacement dwelling;
    2. The amount, if any, which will compensate such displaced person for any increased interest costs and other debt service costs which such person is required to pay for financing the acquisition of any such comparable replacement dwelling. Such amount shall be paid only if the dwelling acquired by the displacing agency was encumbered by a bona fide mortgage which was a valid lien on such dwelling for not less than one hundred eighty (180) days immediately prior to the initiation of negotiations for the acquisition of such dwelling; and
    3. Reasonable expenses incurred by such displaced person for evidence of title, recording fees, and other closing costs incident to the purchase of the replacement dwelling, but not including prepaid expenses.
  2. The additional payment authorized by subsection (a) shall be made only to a displaced person who purchases and occupies a decent, safe, and sanitary replacement dwelling within one (1) year after the date on which such person receives final payment from the displacing agency for the acquired dwelling or the date on which the displacing agency's obligation under § 13-11-108(c)(3) is met, whichever is later, except that the displacing agency may extend such period for good cause. If such period is extended, the payment under subsection (a) shall be based on the costs of relocating the person to a comparable replacement dwelling within one (1) year of such date.

Acts 1972, ch. 608, § 6; T.C.A., § 13-1906; Acts 1988, ch. 627, § 4.

13-11-107. Replacement housing for tenants and certain others.

    1. In addition to amounts otherwise authorized by this chapter, the head of a displacing agency shall make a payment to or for any displaced person displaced from any dwelling not eligible to receive a payment under § 13-11-106, which dwelling was actually and lawfully occupied by such displaced person for not less than ninety (90) days immediately prior to:
      1. The initiation of negotiations for acquisition of such dwelling; or
      2. In any case in which displacement is not a direct result of acquisition, such other event as the governor or the governor's designee shall prescribe.
    2. Such payment shall consist of the amount necessary to enable such person to lease or rent for a period not to exceed forty-two (42) months, a comparable replacement dwelling, but not to exceed five thousand two hundred fifty dollars ($5,250). At the discretion of the head of the displacing agency, a payment under this subsection (a) may be made in periodic installments. Computation of a payment under this subsection (a) to a low income displaced person for a comparable replacement dwelling shall take into account such person's income.
  1. Any person eligible for a payment under subsection (a) may elect to apply such payment to a down payment on, and other incidental expenses pursuant to, the purchase of a decent, safe, and sanitary replacement dwelling. Any such person may, at the discretion of the head of the displacing agency, be eligible under this subsection (b) for the maximum payment allowed under subsection (a), except that, in the case of a displaced homeowner who has owned and occupied the displacement dwelling for at least ninety (90) days but not more than one hundred eighty (180) days immediately prior to the initiation of negotiations for the acquisition of such dwelling, such payment shall not exceed the payment such person would otherwise have received under § 13-11-106(a), had the person owned and occupied the displacement dwelling one hundred eighty (180) days immediately prior to the initiation of such negotiations.

Acts 1972, ch. 608, § 7; T.C.A., § 13-1907; Acts 1988, ch. 627, § 5.

13-11-108. Relocation assistance advisory services.

  1. Programs or projects undertaken by a state agency or with federal financial assistance shall be planned in a manner that:
    1. Recognizes, at an early stage in the planning of such programs or projects and before the commencement of any actions which will cause displacements, the problems associated with the displacement of individuals, families, businesses, and farm operations; and
    2. Provides for the resolution of such problems in order to minimize adverse impacts on displaced persons and to expedite program or project advancement and completion.
  2. The head of any displacing agency shall ensure that the relocation assistance advisory services described in subsection (c) are made available to all persons displaced by such agency. If such agency head determines that any person occupying property immediately adjacent to the property where the displacing activity occurs is caused substantial economic injury as a result thereof, the agency head may make available to such person such advisory services.
  3. Each relocation assistance advisory program required by subsection (b) shall include such measures, facilities, or services as may be necessary or appropriate in order to:
    1. Determine, and make timely recommendations on, the needs and preferences, if any, of displaced persons for relocation assistance;
    2. Provide current and continuing information on the availability, sales prices, and rental charges of comparable replacement dwellings for displaced homeowners and tenants and suitable locations for businesses and farm operations;
    3. Assure that a person shall not be required to move from a dwelling unless the person has had a reasonable opportunity to relocate to a comparable replacement dwelling, except in the case of:
      1. A major disaster as defined in § 102(2) of the Federal Disaster Relief Act of 1974 (42 U.S.C. § 5122(2));
      2. A national emergency declared by the president; or
      3. Any other emergency which requires the person to move immediately from the dwelling because continued occupancy of such dwelling by such person constitutes a substantial danger to the health or safety of such person;
    4. Assist a person displaced from a business or farm operation in obtaining and becoming established in a suitable replacement location;
    5. Supply information concerning other federal and state programs which may be of assistance to displaced persons, and supply technical assistance to such persons in applying for assistance under such programs; and
    6. Provide other advisory services to displaced persons in order to minimize hardships to such persons in adjusting to relocation.
  4. The head of a displacing agency shall coordinate the relocation activities performed by such agency with other federal, state, or local governmental actions in the community which could affect the efficient and effective delivery of relocation assistance and related services.
  5. Notwithstanding § 13-11-103(3), in any case in which a displacing agency acquires property for a program or project, any person who occupies such property on a rental basis for a short term or a period subject to termination when the property is needed for the program or project shall be eligible for advisory services to the extent determined by the displacing agency.

Acts 1972, ch. 608, § 8; T.C.A., § 13-1908; Acts 1988, ch. 627, § 6.

13-11-109. Housing replacement by state agency as last resort.

  1. If a program or project undertaken by a state agency or with federal financial assistance cannot proceed on a timely basis because comparable replacement dwellings are not available, and the head of the displacing agency determines that such dwellings cannot otherwise be made available, the head of the displacing agency may take such action as is necessary or appropriate to provide such dwellings by use of funds authorized for such program or project. The head of the displacing agency may use this section to exceed the maximum amounts which may be paid under §§ 13-11-106 and 13-11-107, on a case-by-case basis for good cause as determined in accordance with such criteria as the governor or the governor's designee shall prescribe.
  2. No person shall be required to move from such person's dwelling on account of any program or project undertaken by a state agency or with federal financial assistance, unless the head of the displacing agency is satisfied that comparable replacement housing is available to such person.

Acts 1972, ch. 608, § 9; T.C.A., § 13-1909; Acts 1988, ch. 627, § 7.

13-11-110. Requirements for relocation payments and assistance of state assisted programs — Assurances of availability of housing.

Notwithstanding any other law, the head of a state agency shall not approve any grant to, or contract or agreement with, a local agency under which state financial assistance will be available to pay all or part of the cost of any program or project which will result in the displacement of any person on or after March 30, 1972, unless such head of a state agency receives satisfactory assurances from such local agency that:

  1. Fair and reasonable relocation payments and assistance shall be provided to or for displaced persons, as are required to be provided by a state agency under §§ 13-11-105 — 13-11-107;
  2. Relocation assistance programs offering the services described in § 13-11-108 shall be provided to such displaced persons; and
  3. There is compliance with §§ 13-11-108(c)(3) and 13-11-109.

Acts 1972, ch. 608, § 10; T.C.A., § 13-1910; Acts 1988, ch. 627, § 8.

13-11-111. Permissive authority given local agency.

Whenever a program or project undertaken by a local agency or person requires the acquisition of real property or the displacement of any person, the head of the local agency, or the person, shall have permissive authority to provide payments and assistance under this chapter for any displaced person, including replacement housing when necessary, as if the acquisition or displacement were for a program or project undertaken by a state agency.

Acts 1972, ch. 608, § 11; T.C.A., § 13-1911; Acts 1988, ch. 627, § 9.

13-11-112. State share of costs.

  1. The cost to a local agency of providing payments and assistance under §§ 13-11-109 and 13-11-110 shall be included as part of the cost of a program or project for which state financial assistance is available to such local agency, and such local agency shall be eligible for state financial assistance with respect to such payments and assistance in the same manner and to the same extent as other program or project costs.
  2. No payment or assistance under § 13-11-109 or § 13-11-110 shall be required or included as a program or project cost under this section if the displaced person receives a payment required by the state law of eminent domain which is determined by the head of the state agency to have substantially the same purpose and effect.

Acts 1972, ch. 608, § 12; T.C.A., § 13-1912; Acts 1988, ch. 627, § 10.

13-11-113. Authority of the governor.

The governor or the governor's designee, or the head of a local agency, where a local agency undertakes a program or project without federal financial assistance and uses its permissive authority under § 13-11-111, shall establish criteria necessary to assure that:

  1. The payments and assistance authorized by this chapter shall be administered in a manner which is fair and equitable, and as uniform as practicable;
  2. A displaced person who is entitled to the benefits of this chapter shall be paid promptly after proof of a move or, in hardship cases, be paid in advance; and
  3. Any displaced person aggrieved by a determination as to eligibility for a payment authorized by this chapter, or the amount of a payment, may have such displaced person's application reviewed by the head of the state agency, or where the determination is made by a local agency, such displaced person may have the application reviewed by the head of the local agency.

Acts 1972, ch. 608, § 13; T.C.A., § 13-1913; Acts 1988, ch. 627, § 11.

13-11-114. Administration — Relocation assistance programs.

To prevent unnecessary expense and duplication of functions, and to promote uniform and effective administration of this chapter, a state agency, applicable local agency, or applicable person may enter into contracts with any individual, firm, or corporation for services in connection with a program or project, or may carry out all functions provided for under this chapter through any federal agency or any state agency, or any local agency, or any person having an established organization for conducting this chapter.

Acts 1972, ch. 608, § 14; T.C.A., § 13-1914; Acts 1988, ch. 627, § 12.

13-11-115. Payments not to be considered as income or resources.

  1. No payment received by a displaced person under this chapter shall be considered as income or resources for the purposes of determining the eligibility or extent of eligibility of any person for assistance under any state law or for the purposes of the state's corporation tax law, or other tax laws.
  2. These payments shall not be considered as income or resources of any recipient of public assistance and the payments shall not be deducted from the amount of aid to which the recipient would be entitled.
  3. No payments under this chapter shall be subject to attachment or execution at law or equity.

Acts 1972, ch. 608, § 15; T.C.A., § 13-1915.

13-11-116. Replacement by building code enforcement or voluntary rehabilitation.

A person who moves or discontinues such person's business or moves other personal property, or moves from such person's dwelling on or after March 30, 1972, as the direct result of building code enforcement activities or a program of rehabilitation of buildings conducted pursuant to a state project or program shall, for the purposes of this chapter, be deemed to have been displaced as the result of the acquisition of real property.

Acts 1972, ch. 608, § 16; T.C.A., § 13-1916.

13-11-117. Reduction in payments.

No payment or assistance provided for under this chapter shall be required to be made to any displaced person, or included as a program or project cost under this chapter, if such displaced person receives a payment required by federal, state, or local law, which is determined by the head of the displacing agency to have substantially the same purpose or effect as such payment under this chapter.

Acts 1972, ch. 608, § 17; T.C.A., § 13-1917; Acts 1988, ch. 627, § 13.

13-11-118. Uneconomic remnant — Donation of property.

  1. If the acquisition of only a portion of a property being acquired for a program or project with federal financial assistance would leave the owner with an uneconomic remnant, the state agency, local agency, or person concerned shall offer to acquire that remnant. For the purposes of this chapter, an uneconomic remnant is a parcel of real property in which the owner is left with an interest after the partial acquisition of the owner's property, and which the head of the displacing agency concerned has determined has little or no value or utility to the owner.
  2. A person whose real property is being acquired for a program or project with federal financial assistance, may, after the person has been fully informed of the person's right to receive just compensation for such property, donate such property, any part thereof, any interest therein, or any compensation paid therefor, to a state agency, local agency, or person, as such person who owns the real property shall determine.

Acts 1988, ch. 627, § 14.

13-11-119. State as federal agent.

A state agency shall be authorized to act as the agent of a federal agency to carry out the federal agency's responsibilities under federal law which are consistent with this chapter.

Acts 1988, ch. 627, § 15.

Chapter 12
[Reserved]

Chapter 13
Neighborhood Development Act of 1987

Part 1
Local Neighborhood Development Corporations Act of 1987

13-13-101. Short title.

This part shall be known and may be cited as the “Local Neighborhood Development Corporation Act of 1987.”

Acts 1987, ch. 343, § 1; 1992, ch. 864, § 1.

13-13-102. Legislative findings and declaration.

  1. It is hereby found and declared that the state has certain communities which persistently suffer from the debilitating problems of chronic unemployment, below average educational attainment, low household income, and limited economic opportunity, that these problems may be assuaged with the proper and concentrated application of personnel and resources, that many of such debilitating conditions may be best addressed at the community level, and that existing community organizations often lack the requisite funding and expertise to implement necessary programs.
  2. Therefore, it is found that it is in the public interest of the state to promote the prosperity and general welfare of the citizens within such communities, a public purpose for which public money may be expended, to provide technical and economic assistance to neighborhoods, and that the creation of local neighborhood development corporations will assist in serving this public purpose.

Acts 1987, ch. 343, § 1; 1992, ch. 864, § 2.

13-13-103. [Reserved.]

    1. Local neighborhood development corporations in effect on July 1, 2001, shall remain in effect until such corporations are dissolved or the authority for such corporations is repealed.
    2. Each local neighborhood development corporation shall be governed and its corporate powers exercised by a board of directors, which shall consist of not less than five (5) nor more than forty-five (45) members.
    3. Each member of the board of directors shall remain a member until such time such member voluntarily resigns or is removed by the local board of directors for cause.
    4. At least fifty-one percent (51%) of the appointments shall be persons who are residents of the neighborhood.
    5. Local government officials in the jurisdiction in which such corporation is organized may also serve on the board.
    6. The senator and member of the house of representatives in whose district the neighborhood is located shall serve as advisory, nonvoting members of the board.
    7. Any person appointed to fill a vacancy in the office of a member shall be appointed by a majority of the members of the local board of directors.
    8. Any member may be removed for cause from such member's appointment by the board of such member's local neighborhood development corporation.
  1. Sixty percent (60%) of the total membership of the board shall constitute a quorum, and the affirmative vote of a majority of the members serving on the board shall be necessary for any action to be taken by the board. The members shall serve without compensation, but each member shall be entitled to reimbursement for such member's actual and necessary expenses incurred in the performance of such member's official duties as established by the board.
  2. Each local neighborhood development corporation may purchase from, sell to, borrow from, loan to, contract with or otherwise deal with any eligible organization in which any director of such corporation is in any way interested or involved; provided, that such interest or involvement is disclosed in advance to the members of the board and recorded in the minutes of the board; and, provided further, that no director having such an interest or involvement may participate in any decision of the board relating to such eligible organization.
  3. The directors shall annually elect one (1) of their members as chair and one (1) as vice chair and shall also designate a secretary who need not be a member of the board. The secretary shall keep a record of the proceedings of such neighborhood corporation and shall be the custodian of all books, documents, and papers filed with the corporation, the minute books of such corporation and its official seal. The secretary shall cause copies to be made of all minutes and other records and documents of such corporation and shall certify that such copies are true copies, and all persons dealing with the corporation may rely upon such certification.

Acts 1987, ch. 343, §§ 3, 8; 1988, ch. 985, §§ 1, 2; 1989, ch. 19, § 1; 1992, ch. 864, § 4; 1999, ch. 283, § 1; 2001, ch. 415, § 1.

13-13-105. Powers and duties of local neighborhood development corporations.

Each local neighborhood development corporation has the following general powers, functions and duties, to:

  1. Make, amend and repeal bylaws, rules and regulations for the management of its affairs;
  2. Adopt an official seal;
  3. Sue and be sued, in its own name;
  4. Make contracts and execute all instruments necessary or convenient for the exercise of its power and functions;
  5. Acquire, own, hold and dispose of personal property of any nature, or any interest therein;
  6. Enter into agreements or other transactions with any federal or state agency or political subdivision thereof;
  7. Appear in its own behalf before boards, commissions, departments or other agencies of municipal, county, state or federal government;
  8. Procure insurance against any losses in connection with its property in such amounts, and from such insurers, as may be necessary or desirable;
  9. Apply for and accept grants, loans, advances and contributions from any source of money, property, labor or other things of value, to be held, used and applied for the purposes of this part;
  10. Provide and pay for such advisory services and technical assistance as may be necessary or desirable to carry out the purposes of this part;
  11. Exercise any other powers of a corporation organized under the laws of this state;
  12. Encourage and assist in the development and utilization of educational, vocational, and economic opportunities within the neighborhood;
  13. Suggest more effective applications of and techniques for the delivery of governmental services and programs for residents of the neighborhood;
  14. Undertake appropriate activities to foster a higher standard of living and a greater degree of economic self-sufficiency within the neighborhood; and
  15. Do any and all things necessary or convenient to carry out its purposes and exercise the powers expressly granted in this part.

Acts 1987, ch. 343, § 4; 1992, ch. 864, § 5.

13-13-106. Economic assistance.

Each local neighborhood development corporation may, subject to appropriation by the general assembly or funds made available from any other public or private source and pursuant to rules and regulations adopted by it, provide economic assistance to particular eligible organizations or projects intended to contribute to the public purposes of this part generally; provided, that preference shall be given to projects in which community controlled organizations or community action programs have, or will have, an ownership interest; and provided further, that before providing economic assistance to a particular eligible organization, a neighborhood development corporation shall find and incorporate in its minutes that the eligible organization is devoting a substantial part of its efforts to activities intended to contribute to the economic, educational and social well-being of the neighborhood.

Acts 1987, ch. 343, § 5; 1992, ch. 864, § 6.

13-13-107. [Reserved.]

The books and records of a local neighborhood development corporation shall be subject to an annual audit by the comptroller of the treasury if the corporation has received a grant or appropriation from the state or any agency thereof.

Acts 1987, ch. 343, § 7; 1992, ch. 864, § 8.

13-13-109. Liberal construction of part.

This part, being necessary for the welfare of the state and its inhabitants, shall be liberally construed to effect its purposes.

Acts 1987, ch. 343, § 9.

Part 2
Inner City Safe Neighborhood Act of 1996

13-13-201. Short title.

This part shall be known and may be cited as the “Inner City Safe Neighborhood Act of 1996.”

Acts 1996, ch. 896, § 2.

13-13-202. Legislative findings and purpose.

The general assembly hereby finds that state government should do more to encourage and support community-based efforts of inner city residents to take a firm stand against the intrusion of drugs, crime, fear, decay and urban blight. By this enactment, the general assembly seeks to encourage and support such grassroots efforts and to foster a higher level of cooperation among public and private organizations seeking to address the special needs of such inner city residents.

Acts 1996, ch. 896, § 2.

13-13-203. “Safewalk” defined.

As used in this part, “safewalk” means a system of safe and secure, narrow linear parks, greenbelts, walkways, and sidewalks that function as pedestrian corridors linking inner city residential areas with schools, libraries, playgrounds, community centers, churches, grocery stores, and retail outlets.

Acts 1996, ch. 896, § 3.

13-13-204. Inner city safe neighborhood pilot demonstration project.

There is hereby created the inner city safe neighborhood pilot demonstration project. The purpose of the pilot demonstration project is to encourage, enhance, and evaluate the efforts of neighborhoods, local neighborhood development corporations, municipalities, counties, and state agencies to jointly and cooperatively plan, design, finance, construct, maintain, and secure safewalks within the inner city residential areas of the state's urban centers.

Acts 1996, ch. 896, § 4.

13-13-205. Grant applications — Approval.

  1. The Tennessee neighborhood development corporation (TNDC) is authorized to solicit, receive, and review applications and to approve inner city safe neighborhood pilot demonstration project grants. To qualify for approval, a grant application must clearly reflect the highest level of mutual effort and cooperation in safewalk project planning, design, and support by each of the following parties:
    1. The residents of the affected, inner city neighborhoods;
    2. Grocers and other merchants doing business within the affected, inner city neighborhoods;
    3. The local neighborhood development corporation or corporations, within whose boundaries such neighborhoods are located;
    4. The municipality, within whose boundaries such neighborhoods are located;
    5. The county, within whose boundaries such neighborhoods are located; and
    6. Any state entity which has provided or which has agreed to provide financial or other resources for the safewalk project.
  2. To qualify for approval, an application must also clearly identify the specific level of funding and other resources that have and/or will be allocated to the project by the residents of the affected neighborhoods, grocers and other merchants doing business within the affected neighborhoods, the local neighborhood development corporation, the municipality, the county, and any state entity which has provided and/or which has agreed to provide financial or other resources for the safewalk project. Furthermore, the application must also clearly identify all other proposed funding sources and resources for the project and must specify the methods by which the proposed safewalks will be secured against intrusion of criminal elements.
  3. For purposes of this part, the commissioner of transportation shall serve as a member of the TNDC board of directors.

Acts 1996, ch. 896, § 5.

13-13-206. Applicability.

Inner city safe neighborhood pilot demonstration project grants shall be approved only for safewalk projects to be located within inner city areas of municipalities having a population in excess of one hundred fifty thousand (150,000), according to the 1990 federal census or any subsequent federal census.

Acts 1996, ch. 896, § 6.

Compiler's Notes. For table of populations of Tennessee municipalities see Volume 13 and its supplement.

13-13-207. Monitoring — Reporting.

The Tennessee neighborhood development corporation (TNDC) shall monitor and evaluate the effectiveness of safewalk projects in revitalizing and securing inner city neighborhoods. The TNDC shall periodically report interim findings and recommendations and shall submit a final report on the inner city safe neighborhood pilot demonstration project on or before January 1, 2000.

Acts 1996, ch. 896, § 7.

13-13-104. Local neighborhood development corporations.

13-13-108. Audit.

Chapter 14
Development District Act Of 1965

Part 1
Development Districts

13-14-101. Short title.

This chapter shall be known as the “Development District Act of 1965.”

Acts 1965, ch. 241, § 1; 1969, ch. 239, § 1; T.C.A., § 13-1401.

Compiler's Notes. Acts 1986, ch. 820 contained the Municipal Development Authority Act of 1986 containing an alternative method of municipal planning; however, this act was amended to be eventually applicable only to Johnson City and is listed in the Uncodified Public Acts Index.

The Greater Nashville Regional Council, established in title 64, ch. 7, supersedes the Mid-Cumberland Council of Governments, and the Mid-Cumberland Development District. See § 64-7-101.

Cross-References. Local neighborhood model development corporations, title 13, ch. 13.

13-14-102. Creation of districts.

  1. From and after the time when the department of economic and community development has progressed to the stage of preparing a general plan for development of the state as provided for in §§ 13-16-103 — 13-16-105, which includes at least a delineation of regions deemed viable to the economic development of the state, then the department is empowered, in cooperation with counties, municipalities and local development agencies, and in accordance with the conditions and procedures specified in this chapter, to create development districts for such regions, such districts to encompass one (1) or more counties or parts of counties, such that are conducive to efficient planning and orderly economic development of the state.
  2. A board established as hereinafter provided for shall be responsible for area-wide planning in its district.

Acts 1965, ch. 241, § 2; 1969, ch. 239, § 2; 1972, ch. 542, § 11; T.C.A., § 13-1402; Acts 1995, ch. 501, § 5.

13-14-103. Purposes of chapter.

  1. It is the intent of the general assembly that the various counties and cities be provided the most effective and efficient means of organizing themselves on a regional basis for the purpose of carrying on general and comprehensive planning and development activities, such that would provide coordinated, efficient and orderly economic development of the state. It is the further intent that local governments through such regional agencies be guided and assisted in making maximum use of federal, state and local programs designed to stimulate economic development and utilization of resources. It is the further intent of this chapter that the planning function of government be separated from the plan implementation function, leaving to existing county, municipal and state governments and their instrumentalities the carrying out of all plans for physical, economic and resource development, as provided for under existing laws. However, it is the intent of the general assembly that development districts may perform the implementation function with respect to the public guardianship program created by title 34, chapter 7.
  2. It is the further intent of this chapter that, in order to ensure the success of regional planning and development as herein defined, the state may provide minimum financial assistance on a matching basis to such boards for purposes of staffing and providing other planning and administrative services, in accordance with the state's policy of furthering the economic development of the state.

Acts 1965, ch. 241, § 3; T.C.A., § 13-1403; Acts 1990, ch. 654, § 1.

13-14-104. Membership of boards.

The membership of boards created under this chapter shall consist of the county mayor of each county within the district, the mayor of each municipality within the district, the chief executive officer of any metropolitan government within the district, one (1) representative from a local agency in each county dealing with problems of industrial development or promotion appointed by the county mayor, and one (1) state senator and one (1) state representative whose senatorial or representative districts lie wholly or in part in the development district. The senator member shall be selected by the senators whose districts are wholly or in part within the development district. Senators and representatives shall serve on such boards for two (2) years or until they leave the general assembly, whichever occurs first. Senators whose districts lie wholly or partly within the development district shall meet at the call of the senior senator among those affected, for the purpose of selecting a member of the development district board, and representatives shall meet at the call of the senior representative for that purpose. Membership on such boards shall be for four (4) years or until the expiration of the term of the official by whom such representative was appointed, whichever occurs first. Members are subject to reappointment. The representative of each county and city government as indicated above may be chosen from an existing city or county planning commission. The board may appoint an executive committee to act for it and determine the authority of such committee. No member of the general assembly shall receive any additional compensation for such member's service on a board.

Acts 1965, ch. 241, § 4; 1975, ch. 324, § 1; 1978, ch. 737, § 1; impl. am. Acts 1978, ch. 934, §§ 16, 36; Acts 1979, ch. 381, § 3; T.C.A., § 13-1404; Acts 2003, ch. 90, § 2.

Compiler's Notes. Acts 2003, ch. 90, § 2, directed the code commission to change all references from “county executive” to “county mayor” and to include all such changes in supplements and replacement volumes for the Tennessee Code Annotated.

Attorney General Opinions. Power to appoint county development district representative, OAG 98-014, 1998 Tenn. AG LEXIS 14 (1/9/98).

13-14-105. Procedure for creation.

  1. Upon delineation of regions deemed viable to the economic development of the state as provided for in this chapter, the department of economic and community development shall notify the chief executive officer of each municipal and county government in such region proposed for planning and development, and hold a public hearing with such officers assembled to explain the advantages of economic development, and otherwise solicit an expression of interest about the creation of such district and board as provided for in this chapter.
  2. No district shall be created without the consent of at least a three-fourths (¾) majority of counties as represented by the county mayor, and a three-fourths (¾) majority of municipalities as represented by the mayor.
  3. Membership in these districts shall be by consent only and any municipality or county may, by majority vote of the governing body, cease to become a member of the district.

Acts 1965, ch. 241, § 5; 1972, ch. 542, § 11; impl. am. Acts 1978, ch. 934, §§ 16, 36; T.C.A., § 13-1405; Acts 1995, ch. 501, § 5; 2003, ch. 90, § 2.

Compiler's Notes. Acts 2003, ch. 90, § 2, directed the code commission to change all references from “county executive” to “county mayor” and to include all such changes in supplements and replacement volumes for the Tennessee Code Annotated.

13-14-106. Powers and duties of boards.

  1. Each board created under this chapter has the authority to:
    1. Organize itself into a public body, elect its officers, and adopt bylaws for purposes of carrying out functions authorized under this chapter;
    2. Receive and expend funds from any sources for staffing, for research, planning, coordination, economic development, demonstration projects, and other activities deemed necessary to promote the efficient, harmonious and economic development of the district; and receive grants from private foundations for purposes of research and for demonstration projects oriented to human, physical and natural resources utilization;
    3. Contract with local, state and federal agencies, and with consultants for services to be provided;
    4. Prepare broad plans for the economic development of the district, including, but not limited to, comprehensive land use and plans for physical development. Such plans shall be made with the purpose of guiding and accomplishing a coordinated, adjusted, efficient and economic development of the district which will, in accordance with present and future needs and resources, best promote the health, safety, morals, order, convenience, prosperity and welfare of the citizens, as well as efficiency and economy in the process of development, including distribution of population, urbanization, and the uses of land and resources for trade, industry, recreation, forestry, agriculture and tourism, and will tend to create conditions favorable to transportation, health, safety and otherwise promote the general welfare of the citizens. Such plans may include the design and layout of industrial parks and feasibility studies for extension of utilities and services to areas deemed suitable for industrial development;
    5. Cooperate and coordinate its activities with local and state planning agencies and other districts in developing and implementing plans for development;
    6. Cooperate and coordinate its activities with the federal agencies responsible for developing natural, human and physical resources of the district; recommend projects which will enhance the development of all resources, to be carried out through existing governmental units or through a combination of these as applicable under state laws, including, but not limited to, the former Area Redevelopment Program [terminated], the Appalachian program and the former Economic Opportunity Act [repealed];
    7. Cooperate with local and regional finance companies in assembling financial resources for commercial, industrial and other development;
    8. Compile, prepare, publish and disseminate information about the economic resources of the district and about sub-areas;
    9. Encourage and assist in the creation of private and semipublic, nonprofit organizations as needed and under existing laws of the state for carrying out specific projects and programs initiated under federal and state laws;
    10. Enter into compacts or contractual arrangements with planning agencies of other adjoining or neighboring states, for the purpose of preparing joint-comprehensive plans for development of a broader area or region. Boards are hereby expressly authorized to expend funds for interstate planning, notwithstanding the fact that in doing so portions of such funds may be used for planning work outside of the state boundary;
    11. Contract with the commission on aging and disability to operate the program established by title 34, chapter 7; and
    12. Have and exercise other authority as deemed necessary to further and promote the orderly and economic development of the state.
  2. Each governing board operating under this chapter shall:
    1. Jointly adopt statewide uniform travel regulations subject to the approval of the commissioner of finance and administration and shall reimburse its officers and employees for official travel in conformance with such regulations;
    2. Develop a system of competitive bidding on purchases of supplies and equipment and other contracts and shall submit the written procedures governing such system to the state procurement commission for approval;
    3. Develop written personnel procedures to be filed with the commissioner of finance and administration for the hiring, promotion, demotion and dismissal of all employees, and shall include an employee compensation plan based on a salary comparability analysis which takes into account state salary schedules, local government salary schedules, and regional private market variations; and
    4. Submit, annually, to the department of economic and community development, or such other office as may be directed by the governor, a work program and budget, together with such other information as may be requested.

Acts 1965, ch. 241, § 6; 1976, ch. 665, §§ 1-3; 1979, ch. 381, § 1; T.C.A., § 13-1406; Acts 1989, ch. 196, § 1; 1990, ch. 654, § 2; 1995, ch. 501, § 5; 2011, ch. 295, § 19.

Compiler's Notes. For federal acts referred to in this section, the Area Redevelopment Program, formerly compiled in 42 U.S.C. § 2501 et seq., has terminated persuant to former 42 U.S.C § 2525, effective August 31, 1965; the Appalachian Program, was enacted as Public Law 89-4, passed March 9, 1965; and the Economic Opportunity Act, formerly compiled in 42 U.S.C. § 2701 et seq. was repealed, effective October 1, 1981.

The term “commission on aging and disability” was substituted for “commission on aging” pursuant to Acts 2001, ch. 397.

Attorney General Opinions. Power to appoint county development district representative, OAG 98-014, 1998 Tenn. AG LEXIS 14 (1/9/98).

13-14-107. Limitations on power of board.

  1. The following limitations, in addition to any other limitations specifically provided herein, shall apply to boards created under this chapter:
    1. All plans shall be advisory only;
    2. No authority is hereby granted to enact zoning ordinances or subdivision standards;
    3. No authority is hereby granted such that would supplant or in any way interfere or supersede the planning and development authority granted cities and counties under other applicable state statutes;
    4. Plans prepared under this chapter must reflect goals and objectives for harmonious development of the district, and, in the case of highways, must be in accordance and coordinated with plans of the department of transportation, and with plans of the department of economic and community development;
    5. Plans prepared under this chapter shall be transmitted to all governmental bodies in the district, and these may be adopted as their own for purposes of planning and development;
    6. No authority is hereby granted for the exercise of the power of eminent domain, nor for engaging in construction projects;
    7. No authority is hereby granted to regulate the agricultural or other use of land; and
    8. Only duly appointed members of the board, or persons duly designated pursuant to § 6-54-112, may vote.
  2. Notwithstanding the limitation of subdivision (a)(6) which prohibits the board from engaging in construction projects, the board is authorized to construct a building for its own use. The board is authorized to borrow such funds it deems necessary to fund the construction of a building for its own use, and may mortgage or otherwise pledge its real property or other assets to secure such a loan.

Acts 1965, ch. 241, § 7; 1972, ch. 542, § 11; impl. am. Acts 1972, ch. 829, § 7; Acts 1979, ch. 381, § 2; T.C.A., § 13-1407; Acts 1990, ch. 1008, § 1; 1991, ch. 250, § 1; 1995, ch. 501, § 5; 2008, ch. 990, § 1; 2010, ch. 730, § 1.

13-14-108. Uniform accounting system.

  1. The comptroller of the treasury is directed to develop a uniform accounting system conforming to generally accepted accounting principles for the governing boards operating under this chapter.
  2. Such uniform accounting system shall be subject to the approval of the commissioner of finance and administration. Upon such approval, each development district shall establish and maintain the uniform accounting system.
  3. No state appropriation shall be released to a development district until such district has established the required accounting system.

Acts 1976, ch. 665, § 5; T.C.A., § 13-1413.

13-14-109. Member voting after term of office expired.

If a member of a board created under this chapter participates in a vote of such board after such member's term of office has expired, no state funds shall be released to or expended by such board until such time as the board meets and rescinds any votes in which such member has participated and reconsiders its action with a lawfully constituted board.

Acts 1979, ch. 381, § 4; T.C.A., § 13-1414.

13-14-110. Regional agencies under special acts.

Nothing in this chapter shall in any way limit or infringe upon the statutory authority granted by law to the Beech River watershed development authority, the department of environment and conservation, or the Upper Duck River development agency as the same have been heretofore created by the general assembly; nor shall any provision of this chapter restrict or limit the functions of any similar tributary watershed area development authority which may be hereafter created by the general assembly.

Acts 1965, ch. 241, § 8; T.C.A., § 13-1408; Acts 1996, ch. 816, § 11.

Compiler's Notes. Acts 1996, ch. 816, which abolished the Tennessee Elk River development agency, provided in § 2 that all powers, duties, contractual obligations and functions of the agency are transferred to the department of environment and conservation.

Cross-References. Beech River watershed development authority, title 64, ch. 1, part 1.

Upper Duck River development agency, title 64, ch. 1, part 6.

Department of environment and conservation, title 4, ch. 3, part 5.

13-14-111. Financing.

  1. It is the intent of the state to assist financially with the development of regional plans for economic development and for coordination of activities thereunder. The board for the Memphis area association of governments, composed of the Fayette, Lauderdale, Shelby, and Tipton counties and the municipalities located within those counties, has been created as provided in this chapter and when the local governments have indicated a willingness to contribute financially by adopting a budget requiring a certain per capita assessment, the state shall be authorized to match the local contributions according to subdivision (c)(3).
  2. The local contributions to the Memphis area association of governments shall be based upon, in the case of counties, an amount not to exceed twenty-one cents (21¢) per capita based on the latest decennial census, one half (½) of which may be contributed by local incorporated cities or by other private, public or semipublic bodies; provided, that no county shall be required to contribute more than twelve thousand five hundred dollars ($12,500) annually. The aggregate of such funds may also be used for purposes of matching various federal programs of assistance for planning and development. Counties and municipalities may participate independently of each other in financing the activities of the board. Cities and counties are specifically authorized to appropriate and expend funds for carrying out the purposes of this chapter.
    1. It is the intent of the state to assist financially with the development of regional plans for economic development and other regional plans, activities, and programs authorized by this chapter and other statutes and for coordination of activities thereunder. The regional plans, activities and programs shall be for the benefit of and for the local governments of this state and, as appropriate, the state government and the citizens of Tennessee. The boards of the eight (8) other development districts established as the First Tennessee development district, the East Tennessee development district, the Southeast Tennessee development district, the Upper Cumberland development district, the South Central Tennessee development district, the Southwest Tennessee development district, the Greater Nashville regional council and the Northwest Tennessee development district have been created as provided in this chapter and title 64, chapter 7.
    2. When the local governments have indicated a willingness to contribute financially to the development districts by adopting a budget establishing a certain per capita assessment, the state shall include in its budget under the department of economic and community development, or its state functional equivalent, a separate line item for the funding of the activities of the development districts. Any appropriations of state funds made to the development districts by the general assembly shall not be reduced, except in conjunction with an across the board percentage reduction applicable to multiple state government departments and agencies.
    3. The amount of state funding to each development district shall be based upon the per capita assessment established by the individual development district boards. The per capita assessment and corresponding state funding levels for the nine (9) development districts are as follows:

      Per Capita Assessment Annual State Appropriation

      1-5 cents $40,000

      6-10 cents 70,000

      11-15 cents 100,000

      16-20 cents 150,000

      21-30 cents 180,000

      31 - to an amount over 31 cents as may be approved by the  individual development district board 200,000

  3. For calculating the per capita assessments of the development districts in subsection (c), the board of a development district may utilize either the population counts from the latest yearly population estimates or from the decennial census figures of each city, town, metropolitan government, and county that is located in and is a member government of the development district, as reported by the United States department of commerce, bureau of the census or its federal functional equivalent. The aggregate of the funds generated by the per capita assessment may be used for the purposes of matching various federal and state programs, grants and contracts for planning, programs and activities undertaken by the development districts. The aggregate of state funds appropriated to the development districts may be used for the purpose of matching various federal programs, grants and contracts for planning, programs and activities undertaken by the development districts. Any funds generated by either the per capita assessment or the state appropriation may be utilized by the development districts to pay the operating and administrative costs of the district. Cities, towns, metropolitan governments, and counties may participate in the per capita assessment funding of the development districts in which they are located independently of each other. In order to promote regional cooperation and planning, counties may pay the per capita assessment of any of the cities or towns within the county's political boundary. Cities, towns, metropolitan governments and counties are specifically authorized to appropriate and expend funds for carrying out the purposes of this chapter.

Acts 1965, ch. 241, § 9; 1968, ch. 613, § 1; 1969, ch. 165, § 1; 1972, ch. 830, § 1; 1973, ch. 271, §§ 1, 2; T.C.A., § 13-1409; Acts 1985, ch. 429, § 1; 2007, ch. 521, §§ 1-4; 2013, ch. 456, §§ 1-3.

Compiler's Notes. This section may be affected by § 9-1-116, concerning entitlement to funds, absent appropriation.

For tables of population of Tennessee municipalities, and for  U.S. decennial populations of Tennessee counties, see Volume 13 and its supplement.

Acts 2019, ch. 404, § 2 provided that notwithstanding this section, appropriations to the Department of Economic and Community Development for economic development district grants are authorized to be reduced in the amount of $174,000 (recurring) for the transfer of such amount to the Tennessee Commission on Children and Youth for the sole purpose of making a grant in such amount to the Tennessee Court Appointed Special Advocate Association.

13-14-112. Reporting and auditing.

  1. Each board operating under this chapter shall prepare an annual report of its activities through June 30 of each year, and submit a copy of such report to the governor, the general assembly, and the commissioner of finance and administration.
    1. The annual reports and all books of accounts and financial records of all funds received by grant, contract or otherwise from state, local, or federal sources shall be subject to audit annually by the comptroller of the treasury. The audit may be performed by a licensed independent public accountant selected by the board and approved by the comptroller of the treasury. The cost of any audit shall be paid by the development district.
    2. The comptroller of the treasury shall ensure that audits are prepared in accordance with generally accepted governmental auditing standards and determine if the audits meet minimum audit standards prescribed by the comptroller of the treasury. No audit may be accepted as meeting the requirements of this section until approved by the comptroller of the treasury.
    3. All audits shall be completed as soon as practicable after the end of the fiscal year of the development district. One (1) copy of each audit shall be furnished to each member of the board of the development district and the comptroller of the treasury. Copies of each audit shall also be made available to the press.
    4. All audits performed by the internal audit staff of any such development district shall be conducted in accordance with the standards established by the comptroller of the treasury pursuant to § 4-3-304(9).

Acts 1965, ch. 241, § 10; 1976, ch. 665, § 4; 1978, ch. 728, § 1; T.C.A., § 13-1410; Acts 1984, ch. 794, § 8.

Cross-References. Reporting requirement satisfied by notice to general assembly members of publication of report, § 3-1-114.

13-14-113. Appropriated funds subject to approval — Matching funds required.

  1. Funds appropriated to implement this chapter are subject to the approval of the governor and the commissioner of finance and administration.
  2. Such approval shall be given only after review by the department of economic and community development of the annual work program developed by the district to assure that such program is in accordance with the development plans of the state.
  3. These funds or portions thereof shall be paid only upon certification by the appropriate official of each board that matching local funds are available.

Acts 1965, ch. 241, § 11; 1969, ch. 165, § 2; T.C.A., § 13-1411; Acts 1995, ch. 501, § 6.

Compiler's Notes. This section may be affected by § 9-1-116, concerning entitlement to funds, absent appropriation.

13-14-114. Bond requirements.

  1. Any board member, executive committee member, employee officer, or any other authorized person of a development district, who receives public funds, has authority to make expenditures from public funds, or has access to any public funds, is hereby required to give bond to be made payable to the state of Tennessee with such sureties as hereinafter provided. Such bond is to be conditioned in all cases in which a different condition is not prescribed, upon the faithful discharge of the duties of such office, employment or other authorized activity in which such person is engaged during the time such person continues therein, or in the discharge of any part of such duties.
  2. Such official bond shall be executed in the same form as that prescribed by § 8-19-101, for county and state officials and employees.
    1. Effective July 1, 2013, the minimum amount of such required bond shall be determined from the amount of revenues handled by the respective development district as reported in the last audit approved by the comptroller of the treasury. The minimum amount of the bond shall be based on revenues as follows:
      1. Four percent (4%) of the revenues up to three million dollars ($3,000,000); and
      2. Two percent (2%) of the excess over three million dollars ($3,000,000) shall be added.
    2. The amounts indicated in subdivisions (c)(1)(A) and (B) shall be cumulative.
  3. All such official bonds shall be signed by authorized individuals of a corporate surety, and such corporation shall be duly licensed to do business in this state as a surety.
  4. The official bonds required under this section are hereby required to be recorded in the office of the register of deeds where the office of the development district is located and transmitted to the office of the county clerk in the same county for safekeeping.
  5. No examination or certification of any of such bonds shall be required in this section.
  6. Provisions for bonds of all state and county officers set forth in title 8, chapter 19, shall also govern the bonds of all persons covered under this section, so far as title 8, chapter 19, is not inconsistent with this section.
  7. The respective development district shall pay the premiums for such bonds.

Acts 1976, ch. 665, § 6; T.C.A., § 13-1412; Acts 2013, ch. 315, §§ 25, 26.

Compiler's Notes. Acts 2013, ch. 315, § 31 provided that the act, which amended subsections (c) and (e), shall apply to the renewal or obtaining an official bond for any bonding after April 29, 2013.

Part 2
Community-Based Development Organizations

13-14-201. Creation.

It is the intent of the general assembly to provide for the creation and expansion of economic development efforts by community-based organizations.

Acts 1996, ch. 1032, § 1.

13-14-202. Community-based development organization defined.

A community-based development organization is an organization that:

  1. Is established under the state charter provisions of the Tennessee Code;
  2. Has qualified for tax exempt status under § 501(c)(3) of the Internal Revenue Code (26 U.S.C. § 501(c)(3));
  3. Has a purpose, stated in the articles of incorporation, to serve low and moderate income people's need for community development and community self-help;
  4. Was not organized and is not controlled by governmental entities or agents; and
  5. Was not organized and is not controlled by a for-profit entity or agent.

Acts 1996, ch. 1032, § 2.

13-14-203. Purpose.

A program may be established by this state to build local capacity of community-based organizations to address any or a combination of the following:

  1. Housing needs of people with low or moderate incomes, for home ownership and affordable rental housing, including housing development for the elderly and persons with a disability;
  2. Employment needs of people with low or moderate incomes including job placement with attendant support, small business and entrepreneurship development, and for-profit business development by nonprofit community-based development organizations;
  3. Social service program needs incorporated as a component of community economic development strategies; and
  4. Communications technology to build a network to exchange information and provide technical assistance in the field of community-based economic development.

Acts 1996, ch. 1032, § 3.

13-14-204. Available assistance.

In carrying out this part, any, or a combination of the following, may be provided:

  1. Grants to initiate new community-based development organizations in communities lacking one;
  2. Grants to existing community-based development organizations to extend their capacity to meet the housing and job creation needs of their service area, including staffing and reasonable administrative costs;
  3. Grants to community-based development organizations for strategic planning towards project identification, selection and implementation;
  4. Grants to community-based development organizations for projects that combine community-based social service programs with related jobs for low and moderate income persons to promote community revitalization;
  5. Grants to community-based development organizations for housing development projects to build and renovate single and multi-family housing;
  6. Grants to community-based development organizations for job creation projects which promote small business development by low and moderate income entrepreneurs and nonprofit organizations, for the placement of low income people in jobs with attendant support, and the retention of those jobs; and
  7. Technical assistance to developing community-based development organizations, and existing community-based development organizations to carry out this part. For purposes of this part, technical assistance includes, but is not limited to, training and assisting community-based development organizations with:
    1. Conducting needs assessments;
    2. Training boards of directors;
    3. Staff development training;
    4. Recruiting project development teams;
    5. Determining and applying for available assistance;
    6. Conducting feasibility studies;
    7. Financial planning;
    8. Preparing project budgets;
    9. Proposal writing;
    10. Organizational structure and design;
    11. Generating local support; and
    12. Obtaining legal and accounting advice.

Acts 1996, ch. 1032, § 4.

13-14-205. Preferences in granting assistance.

In carrying out this part, preference shall be given to community-based development organizations that:

  1. Serve a geographic area or a population of individuals effectively marginalized due to its small numbers, high ratio of African-American residents, persistent poverty, disability or other factors which effectively result in structural disinvestment; and
  2. Can demonstrate support from the community, particularly the community which will directly benefit from the development efforts.

Acts 1996, ch. 1032, § 5.

13-14-206. Authority to implement rules.

Rules may be developed by the state to carry out this part, including rules to define “persons of low and moderate income.”

Acts 1996, ch. 1032, § 6.

13-14-207. Authority.

Nothing in this part shall limit the authority or powers of community-based development organizations currently authorized under the law.

Acts 1996, ch. 1032, § 7.

13-14-208. Administrative expenses.

Any grant program authorized under this part to support the creation and expansion of economic development efforts by community-based organizations shall authorize the community-based development organization to utilize up to five percent (5%) of the funds for the administration of the grant program, including, but not limited to, accounting expenses associated with the grant program, not to exceed twenty thousand dollars ($20,000).

Acts 1997, ch. 249, § 1.

Chapter 15
[Reserved]

Chapter 16
Industrial Development

Code Commission Notes.

Former parts 1–3 of this chapter were deleted and former part 2 was renumbered as T.C.A. §§ 13-16-101 to 13-16-107 by authority of the Code Commission in 2019.

13-16-101. Short title.

This part shall be known as the “Industrial Park Act.”

Acts 1959, ch. 169, § 1; T.C.A., § 13-1301; T.C.A., § 13-16-201.

Code Commission Notes.

This section was renumbered from § 13-16-201 to § 13-16-101 by authority of the Code Commission in 2019.

Compiler's Notes. Section 2 of Acts 1959, ch. 169 read:

“Declaration of policy. — The future growth of population in this state, the employment of its people, the proper utilization of its natural resources, and the strengthening of its economy will depend in large measure on growth of industry and related activities. In recent years, increasing numbers of plants seek location in industrial parks or districts where, in company with other plants, utilities and services may be jointly supplied, and in which suitable restrictions and standards of construction and performances may be applied. It is the intent of this act to facilitate the assembly of lands and the development of such industrial parks where feasible and necessary.”

Cross-References. Industrial development corporations, title 7, ch. 53.

Law Reviews.

Property Rights vs. Public Use: Analyzing Tennessee's Response to Kelo Eminent Domain Ruling (Scott Griswold), 43 Tenn B.J. 14 (2007).

Attorney General Opinions. Sale of city land for golf course, OAG 99-143, 1999 Tenn. AG LEXIS 165 (7/30/99).

13-16-102. Part definitions.

As used in this part, unless the context otherwise requires:

  1. “Governing body” means the board or body in which the general legislative powers of a municipality are vested;
  2. “Industrial park” means land and rights, easements and franchises relating thereto, and may include adequate roads and streets, water and sewer facilities, utilities, and docks and terminals, as required for the use of industry, and such appurtenant land for necessary incidental use. “Industrial park” may also include a site for the establishment or location of a single industry;
  3. “Industrial park agency” means the governing body, or the commission, board, or other agency to which powers under this part have been delegated by the governing body; and
  4. “Municipality” means any county or incorporated city or town in this state.

Acts 1959, ch. 169, § 4; T.C.A., § 13-1302; T.C.A., § 13-16-202.

Code Commission Notes.

This section was renumbered from § 13-16-202 to § 13-16-102 by authority of the Code Commission in 2019.

13-16-103. Powers of municipality.

Subject to the conditions of this part, any municipality has the power to:

  1. Acquire land and rights and easements therein by gift, purchase, or eminent domain, and develop the land into industrial parks within or without the municipality or partially within and partially without the municipality, and maintain and operate such industrial parks; provided, that the power of eminent domain shall be exercised only for public use, as defined in § 29-17-102, and shall not be extended to or exercised with respect to property owned or held by a corporation which is subject to regulation by the Tennessee public utility commission, the department of safety, and/or the department of transportation, and which itself possesses the power of eminent domain, except and unless:
    1. No other property is reasonably available for the contemplated use;
    2. The property to be taken is not reasonably necessary to the operation of the corporation owning or holding it; and
    3. The taking will not interfere or be inconsistent with any public use for which the property is used or held;
  2. Issue its bonds to finance in whole or in part the cost of such industrial parks, and pledge its full faith and credit and/or fees, rents, tolls or other charges for the use of or in connection with any industrial building or any public works project as provided in the Industrial Building Bond Act of 1955, compiled in title 7, chapter 55, or the Local Government Public Obligations Act of 1986, compiled in title 9, chapter 21;
  3. Sell or lease plots of land and charge and collect fees for services made available within such industrial parks, subject to and in accordance with any agreement which may be made with bondholders; provided, except as set forth in § 13-16-107(a), that prices, rentals and fees shall be fixed and revised from time to time so as to produce, as nearly as possible, sufficient funds to provide for the prompt payment of principal and interest upon all bonds when due, and provide for the operation and maintenance of such parks and adequate depreciation accounts in connection therewith;
  4. Pledge to the punctual payment of the bonds authorized for such purposes and interest thereon the income, revenues and proceeds from sales to be received from such industrial parks;
  5. Accept grants and the cooperation of the state of Tennessee upon such conditions as may be provided by law;
  6. Accept grants and the cooperation of the United States or any agency thereof in the development, maintenance, operation and financing of industrial parks and do any and all things necessary in order to avail itself of such aid and cooperation; and
  7. Exercise all powers with respect to industrial parks that municipalities may exercise with respect to industrial buildings under the Industrial Building Bond Act of 1955, and the Industrial Development Corporations Act of 1955, compiled in title 7, chapter 53.

Acts 1959, ch. 169, § 5; T.C.A., § 13-1303; Acts 1988, ch. 750, § 47; 1990, ch. 593, §§ 1, 2; 1995, ch. 305, § 99; 2017, ch. 94, § 33; 2017, ch. 422, § 2; T.C.A., § 13-16-203.

Code Commission Notes.

This section was renumbered from § 13-16-203 to § 13-16-103 by authority of the Code Commission in 2019.

Compiler's Notes. Acts 2017, ch. 422, § 7 provided that the act, which amended this section, shall apply to takings or condemnation actions initiated on or after May 18, 2017.

Attorney General Opinions. Municipal power to acquire land for industrial park, OAG 95-121, 1995 Tenn. AG LEXIS 139 (12/18/95).

Projects outside municipal limits financed under Local Public Obligations Act, OAG 96-005, 1996 Tenn. AG LEXIS 4 (1/16/96).

Under T.C.A. § 5-1-114(a), contiguous counties may cooperate to develop an industrial park through an interlocal agreement, OAG 03-020, 2003 Tenn. AG LEXIS 26 (2/24/03).

Because development of an industrial park could be a “county general purpose” and a “public purpose,” counties may use property tax revenues generated by the industrial park to fulfill terms and conditions of an interlocal agreement, OAG 03-020, 2003 Tenn. AG LEXIS 26 (2/24/03).

NOTES TO DECISIONS

1. Bonds.

City acting under this statute could exchange bonds issued by it for real estate. Fayetteville v. Wilson, 212 Tenn. 55, 367 S.W.2d 772, 1963 Tenn. LEXIS 397 (1963).

If the provisions of subdivision (2) relating to issuance of bonds and pledging of full faith and credit of municipalities under former County Recovery and Post War Aid Act and former Municipal Recovery and Post War Aid Act were unconstitutional as not requiring the three-fourths vote provided by Tenn. Const., art. II, § 29, such provisions could be eluded and the valid provisions of that subsection providing for the issuance of bonds under the Industrial Building Bond Act, T.C.A. § 7-55-101 et seq., upon a three-fourths vote could stand. Fayetteville v. Wilson, 212 Tenn. 55, 367 S.W.2d 772, 1963 Tenn. LEXIS 397 (1963).

Industrial park bonds issued in accordance with provisions of Industrial Building Bond Act of 1955 as permitted by former subsection (b) constitute valid and binding obligations. Fayetteville v. Wilson, 212 Tenn. 55, 367 S.W.2d 772, 1963 Tenn. LEXIS 397 (1963).

2. Power to Acquire Property.

Trial court properly granted an industrial development corporation's motion to dismiss because nothing in the statutory scheme precluded it from procuring property outside the city's corporate limits to establish an industrial park as a joint venture between the city and the county; pursuant to the Industrial Park Act and the Industrial Development Corporations Act, the city and corporation could purchase or hold property, both within and without the city, for economic development projects. Burks v. Savannah Indus. Dev. Corp., — S.W.3d —, 2018 Tenn. App. LEXIS 621 (Tenn. Ct. App. Oct. 24, 2018).

13-16-104. Control of industrial parks.

  1. The governing body of any municipality may exercise direct control in the development, operation and maintenance of any industrial park, or may delegate by ordinance or resolution any or all powers to a commission or board, the composition, terms of office, appointment, and compensation to be determined by the governing body in such ordinance or resolution.
  2. Such powers may be delegated to an industrial development corporation created under title 7, chapter 53, to any existing port authority, to a regional megasite authority created under title 64, chapter 6 or to similar bodies available to act as an instrumentality of the municipality.

Acts 1959, ch. 169, § 6; T.C.A., § 13-1304; Acts 2009, ch. 158, § 16; T.C.A., § 13-16-204.

Code Commission Notes.

This section was renumbered from § 13-16-204 to § 13-16-104 by authority of the Code Commission in 2019.

NOTES TO DECISIONS

1. Constitutionality.

This section has reference to administrative functions in the development, operation and maintenance of industrial parks and does not amount to an unconstitutional delegation of legislative powers. Fayetteville v. Wilson, 212 Tenn. 55, 367 S.W.2d 772, 1963 Tenn. LEXIS 397 (1963).

2. Power to Acquire Property.

Trial court properly granted an industrial development corporation's motion to dismiss because nothing in the statutory scheme precluded it from procuring property outside the city's corporate limits to establish an industrial park as a joint venture between the city and the county; pursuant to the Industrial Park Act and the Industrial Development Corporations Act, the city and corporation could purchase or hold property, both within and without the city, for economic development projects. Burks v. Savannah Indus. Dev. Corp., — S.W.3d —, 2018 Tenn. App. LEXIS 621 (Tenn. Ct. App. Oct. 24, 2018).

13-16-105. Provision for public services.

  1. Public services required by industries should be provided by governmental and private units and agencies responsible for such services in areas encompassing industrial parks, such as financing and installation of utility services and utility agencies, construction and maintenance of service roads and streets, and storm sewers where needed, by counties or cities, and building of dock and harbor facilities by counties, cities or port authorities.
  2. Governmental and private units and agencies are empowered to provide such services in connection with the development of industrial parks under this part.

Acts 1959, ch. 169, § 3; T.C.A., § 13-1305; T.C.A., § 13-16-205.

Code Commission Notes.

This section was renumbered from § 13-16-205 to § 13-16-105 by authority of the Code Commission in 2019.

13-16-106. Municipalities acting jointly.

The powers conferred upon municipalities under this part may be exercised by two (2) or more municipalities acting jointly, in which event the governing bodies of the municipalities acting jointly shall provide by contract the manner of development, operation and maintenance of industrial parks, or the powers may be delegated by resolution to a joint commission or board, the composition, terms of office, appointment, and compensation of same to be fixed by agreement of the governing bodies of such municipalities acting jointly. Such powers may also be delegated to an industrial development corporation created under title 7, chapter 53, to a port authority, to a regional megasite authority created under title 64, chapter 6, or to similar bodies available to act as instrumentalities of municipalities as specified in § 13-16-104.

Acts 1959, ch. 169, § 7; T.C.A., § 13-1306; Acts 2009, ch. 158, § 17; T.C.A., § 13-16-206.

Code Commission Notes.

This section was renumbered from § 13-16-206 to § 13-16-106 by authority of the Code Commission in 2019.

13-16-107. Certificate requirements.

      1. Before a municipality may undertake to borrow funds to develop an industrial park under this part, it must obtain a certificate of public purpose and necessity under title 7, chapter 55, except that § 7-55-106 shall not apply to such certificate for an industrial park. The committee shall investigate, find and determine, upon application of any municipality therefor, as to whether a certificate of public purpose and necessity shall be issued to such municipality to engage in the establishment of an industrial park project under the declared public policy of this part for the economic development and advancement of the municipality, and in considering and determining whether or not such certificate shall issue, the committee shall find and determine affirmatively that:
        1. The project is well conceived and has a reasonable prospect of success;
        2. There is a good probability that the project will be self-sustaining from the sale and lease of land in the industrial park, utility revenues derived from the provision and sale of utilities in the industrial park, ad valorem and other taxes resulting directly from the development of the industrial park, and other fees and charges for services provided to the industrial park;
        3. The project will tend to provide proper economic development of the municipality, and will encourage industry to locate there; and
        4. There are adequate property values and suitable financial conditions, so that the total bonded indebtedness of the municipality, solely for the purposes authorized by this part and by title 7, chapter 55, shall not exceed ten percent (10%) of the total assessed valuation of all the property in the municipality ascertained by the last completed assessment at the time of the issuance of such bonds.
      2. Until December 31, 1992, the requirement for obtaining such certificate of public purpose and necessity shall be waived for an industrial park for which sixty percent (60%) of its funding for the second phase of development was provided by a federal grant received from the economic development administration and which on July 1, 1992, is in the final stages of completing such second phase.
    1. When the committee has determined such facts favorably, it is authorized and empowered, having due regard to the promotion of the public policy and the general welfare herein declared, to issue a certificate of public purpose and necessity to the municipality to engage in the project. If and when such certificate is issued, it shall authorize the particular municipality to do all of the things authorized under § 13-16-103, including the issuance of bonds for the development of the industrial park and the securing of such bonds with income, revenues and proceeds from the sale of property in the municipality, any or all utility revenues of the municipality, any or all tax revenues of the municipality, including ad valorem taxes, and any other revenues, fees, rentals or charges of the municipality, or any of the foregoing as shall be approved by the committee. The certificate shall expire thirty-six (36) months from its date unless, within that time, such industrial park shall have been established; subject, however, to any delays necessitated by any litigation or acts of God; delaying the establishment of the industrial park. The issuance of such certificate of public purpose and necessity may be made contingent on the applicant supplying reasonable and satisfactory maps of the area proposed for development as an industrial park and preliminary development plans, including competent estimates of the cost of site preparation and supplying of projected utilities and services, and the extent to which appropriate private or local government agencies are prepared to supply them.
    1. If and when the certificate is issued, the committee therein shall fix and determine:
      1. The extent and the amount to which the municipality may issue bonds or make expenditures for such industrial park;
      2. What property may be acquired therefor; and
      3. The terms upon which such acquisition may be had.
    2. If the governing body of the municipality fails or refuses to follow the requirements made by the committee in the certificate, then the members of the governing body of the municipality voting for such failure or refusal shall be individually and personally liable, and liable on their official bonds for any loss that the municipality may sustain by reason of such failure or refusal to follow such requirements, and in addition may be compelled by injunction to comply with such requirements.
  1. The committee is hereby authorized and empowered to adopt and put into effect all reasonable rules and regulations that it may deem necessary to carry out the provisions of this part not inconsistent herewith.
  2. When used in this section, “industrial park project” or “project” means the acquisition of land, rights, easements and franchises relating thereto and/or the provision of any roads and streets, water and sewer facilities, utilities, docks and terminals, as well as any appurtenant land that may be reasonably necessary for incidental use thereof. This subsection (d) does not limit the authority of the committee to issue a certificate of public purpose and necessity for the purchase and/or development of a site for the location of a single industry.
  3. Notwithstanding this section, a municipality with a population not less than three hundred thousand (300,000), according to the 2000 federal census or any subsequent federal census, shall not be required to obtain a certificate of public purpose and necessity in order to borrow funds to develop an industrial park under this part. Any such municipality that makes a total pledge of full faith and credit of the municipality related to an industrial park project shall not exceed ten percent (10%) of the total assessed valuation of all property in the municipality, ascertained by the last completed assessment at the time of issuance of the obligations. In any resolution pledging the full faith and credit and unlimited taxing power of any such municipality to secure any obligations related to the project, the governing body of the municipality shall state that the project being considered is well conceived, has a reasonable prospect for success, will provide proper economic development and employment, and will not likely become a burden on the taxpayers of the municipality.
  4. A city or county may exercise the power of eminent domain for development of an industrial park, only with respect to property located within the jurisdictional boundaries of the city or county; or in the case of a city, also with respect to property within an urban growth boundary as defined in § 6-58-101; or in the case of a county, also with respect to property within an urban growth boundary or planned growth area as defined in § 6-58-101. Either a city or town and county, or both, operating a joint industrial park may exercise the power of eminent domain with respect to property located within the jurisdictional boundaries of the county and within an urban growth boundary and a planned growth area. Before a city or county may undertake to exercise the power of eminent domain for development of an industrial park, it must obtain a certificate of public purpose and necessity as provided in subsection (a), even if no funds will be borrowed for the project, except:
    1. The requirements of subdivision (a)(1)(A)(iv) are not applicable to a certificate of public purpose and necessity obtained solely for the exercise of eminent domain authority; and
    2. A certificate of public purpose and necessity for the exercise of eminent domain, in addition to the applicable findings set forth in subdivision (a)(1)(A), shall be based on a finding that the city or county has been unable, through good faith negotiations, to acquire the property to be acquired by eminent domain or any alternative property that would be of comparable suitability for the project. Good faith negotiations shall be established, if the city or county has made an offer to purchase the property for an amount equal to or in excess of the fair market value, determined by the average of at least two (2) appraisals by independent, qualified appraisers.

Acts 1959, ch. 169, § 8; 1963, ch. 251, § 1; 1969, ch. 193, § 1; 1972, ch. 797, § 1; T.C.A., § 13-1307; Acts 1989, ch. 394, §§ 1-3; 1990, ch. 593, §§ 3-5; 1992, ch. 945, § 3; 2006, ch. 770, §§ 3, 4; 2006, ch. 863, § 3; T.C.A., § 13-16-207.

Code Commission Notes.

This section was renumbered from § 13-16-207 to § 13-16-107 by authority of the Code Commission in 2019.

Compiler's Notes. Acts 2006, ch. 863, § 25, provided that the amendment by that act shall apply only to eminent domain or condemnation proceedings initiated on or after July 1, 2006.

For table of certified populations figures of Tennessee municipalities, see the supplement to Volume 13.

Cross-References. Power and use of eminent domain, title 29, ch. 17, part 1.

NOTES TO DECISIONS

1. Effect of 1963 Amendment.

The effect of the 1963 amendment to this section was to detail the criteria to be used by the building finance committee in considering the issuance of a certificate of public purpose and necessity. Fayetteville v. Wilson, 212 Tenn. 55, 367 S.W.2d 772, 1963 Tenn. LEXIS 397 (1963).

2. Timing.

T.C.A. § 13-16-207(f) requires the condemnor to obtain the certificate before filing the condemnation petition. A local government exercises its eminent domain power when it files a complaint in court seeking to condemn private property, and thus, the plain, common sense interpretation of T.C.A. § 13-16-107(f) requires a local government to obtain the required certificate before filing its complaint. Norma Faye Pyles Lynch Family Purpose LLC v. Putnam County, 301 S.W.3d 196, 2009 Tenn. LEXIS 835 (Tenn. Dec. 16, 2009).

Chapter 17
[Reserved]

Chapter 18
Major Energy Project Act of 1981

13-18-101. Short title.

This chapter shall be known and may be cited as the “Major Energy Project Act of 1981.”

Acts 1981, ch. 131, § 1.

Cross-References. Major energy projects provisions inapplicable to hazardous waste management, § 68-212-107.

13-18-102. Chapter definitions.

As used in this chapter, unless the context clearly otherwise requires:

  1. “Applicant” means any person planning or proposing a project which has been designated a major energy project;
  2. “Approval” means any permit, license, lease, certificate, right-of-way, or other grant, rate, ruling, or decision authorized or issued by an agency of state or local government;
  3. “Contact agency” means the department of economic and community development;
  4. “Joint review process” means the process provided by §§ 13-18-108 — 13-18-115 by which the applications for permits or approvals required by state, local, or federal agencies for a major energy project are consolidated and coordinated;
  5. “Joint review staff” means those persons from involved agencies who are designated to staff the joint review team;
  6. “Joint review team” or “team” means a coordinating group organized to conduct the joint review process on a major energy project. It is an officially composed group of government agencies organized to work with the applicant to coordinate government review and decision-making activities and is composed of involved state, local, and federal agencies and the applicant;
  7. “Lead local agency” means the local department or agency designated by the chief executive officer of that local government to be most affected by or involved in the proposed major energy project;
  8. “Lead state agency” means the department or agency of the state determined by the governor to be most involved in the joint review process;
  9. “Local government” means any government body, including any municipality, county, or utility district or any political subdivision of this state;
  10. “Local law” means the rules, regulations, resolutions, ordinances, codes, case law, and other laws of any local government;
  11. “Major energy project” means any project at one (1) physical location which has been determined by the contact agency to be in the state interest pursuant to its authority under § 13-18-103, which has a capital cost of one hundred million dollars ($100,000,000) or more, and which is likely to reduce the dependence of the state on imported energy projects;
  12. “Person” means any individual, cooperative, partnership, corporation, association, consortium, unincorporated organization, trust, estate, nonprofit institution or any entity organized for a common purpose, and any instrumentality of state or local government;
  13. “Project decision schedule” or “schedule” means the timetable set out by the joint review team in which to accomplish the joint review process, submit applications, hold hearings, and obtain approval of involved agencies;
  14. “State agency” means any general or special purpose executive agency of Tennessee;
  15. “State law” means the laws, rules, resolutions and case law of Tennessee; and
  16. “Team leader” means the state or local lead agency which is selected by the joint review team to lead the team and coordinate and supervise the joint review process.

Acts 1981, ch. 131, § 2.

13-18-103. Applications for designation as major energy project, joint review, and expedited review — Revocation or termination — Judicial review.

    1. Any person planning or proposing an energy project may apply to the contact agency for an order designating such project as a priority energy project. An application shall include such detailed information concerning the project as the contact agency may require by rule to enable the contact agency to make a designation, including a detailed design proposal for the project, detailed economic data on the costs of the project, and an analysis of environmental impacts of the project; provided, that the adequacy of an application under this section shall not be subject to judicial review.
    2. Not later than five (5) days after the receipt of a designation request, the contact agency shall publish notice of the filing of the designation request, together with a brief description thereof in newspapers of general circulation in the area of the project and in Nashville. The contact agency shall also keep on file and make available for public inspection and copying at the main office of the contact agency and in such other places as the contact agency deems appropriate such portions of the full designation request.
    3. No project shall be designated a major energy project unless the contact agency finds that the project is likely to reduce directly or indirectly the state's dependence on imported energy and meets the capital expenditure requirements set out in § 13-18-102(11).
    1. Any person who plans to develop an energy project may request the contact agency to designate the project a major energy project and to approve the project for joint review. The chief executive officer of the contact agency shall determine whether the proposed project is a major energy project and whether it qualifies for the joint review process. The chief executive officer of the contact agency shall consult with agencies who will be involved in issuing permits and with any other agency to determine whether the proposed project should be so designated. If the chief executive officer decides the project should be so designated, the chief executive officer shall recommend the designation to the governor for the governor's concurrence.
    2. If the governor approves designation of the proposed project as a major energy project, the governor shall issue an executive order designating a lead state agency, approving the project for the joint review process, and providing for a joint review staff.
    3. An applicant may request the joint review process for parts of the regulatory as well as for the entire process.
    1. In the alternative, any person who plans to develop an energy project may request the contact agency to designate the project a major energy project and to approve the project for expedited review. In the case of a request for expedited review, the applicant shall indicate which agencies or parts of the regulatory process the applicant wishes to have considered under the terms of this chapter. Expedited review shall enjoy the expedited judicial hearings provided for by this chapter. In the case of a request for expedited review, the chief executive officer shall make the determinations provided for in subsections (a) and (b) and submit such chief executive officer's recommendation to the governor. If the governor approves, the governor has to issue an executive order specifying the agencies or parts of the regulatory process to be included in expedited review and the procedure to be followed.
    2. An applicant may seek to be declared a major energy project and to utilize expedited review solely to enjoy any one (1) of the benefits set out in this chapter, such as expedited judicial review or consolidation of hearings, but such applicant shall be limited to the relief sought.
  1. A request for designation of a project as a major energy project and use of the joint review process, or for expedited review, shall be approved or rejected within one (1) month of the initial request.
  2. Once an energy project has been designated a major energy project, and the joint review process or expedited review process has begun, the designation and process shall not be revoked or terminated unless requested by the applicant or unless procured by fraud or misrepresentation.
  3. A decision of the contact agency or governor designating an energy project as a major energy project shall not be subject to judicial review, except for fraud or misrepresentation and no court shall hold unlawful or set aside any department or agency action, finding, rule, or conclusion on the basis of a decision designating an energy project as a major energy project.

Acts 1981, ch. 131, § 3.

13-18-104. Joint review team — State lead agency — Local lead agency.

  1. If a project is designated a major energy project and approved for the joint review process, a joint review team shall be formed. The state agencies in the team shall be designated by the governor and shall include all departments or agencies whose approval will be required for any state-issued permit which the project may require. The governor shall designate one (1) agency to be the state lead agency.
  2. In addition to state agencies, the team shall include any local agencies whose approvals may be required in the development of the project. The joint review staff shall be responsible for identifying and contacting each involved local agency. If a local government has more than one (1) involved agency, its chief executive officer shall designate the local lead agency.
  3. In addition to state and local agencies, federal agencies whose approvals may be required in the development of the project shall be invited to join the team. The joint review staff shall be responsible for identifying and contacting each involved local agency.
  4. In addition to all governmental agencies, the team shall include the project applicant as an ex officio member.

Acts 1981, ch. 131, § 4.

13-18-105. Duty of joining local agency to participate in and abide by joint review process schedule.

If a local agency joins the team, the head of that agency and the chief executive officer of the local government in which the agency is located shall agree to participate in the joint review process and abide by the project decision schedule for all locally required permits, licenses, or other approvals. Such agreement shall not negate the independent authority of the local agency or government to issue its ultimate approval or disapproval, so long as such decision is made in accordance with the project decision schedule.

Acts 1981, ch. 131, § 5.

13-18-106. Joining federal agency to cooperate and abide by schedule.

If a federal agency joins the team, it shall abide by the project decision schedule and cooperate in the joint review process, insofar as is possible and consistent with federal law.

Acts 1981, ch. 131, § 6.

13-18-107. Meeting of joint review team — Timing — Notice.

  1. After all involved state, local, and federal agencies have been identified, the joint review staff shall call a meeting of the joint review team.
  2. Such meeting shall be called not more than six (6) weeks after the project is designated a major energy project, and the participants shall be given at least two (2) weeks notice of the meeting. The notice shall include the time, date and place of the meeting, the agenda to be considered, and any additional information needed to inform participants or the public of the purpose of the meeting. The notice shall be advertised in a newspaper of general circulation.

Acts 1981, ch. 131, § 7.

13-18-108. Selection of team leader — Presentation by applicant — Draft agreement.

  1. At the first meeting, the joint review team shall select a participating agency to be team leader.
  2. The applicant shall make a presentation to the team at this meeting on the project, stating what actions it has already undertaken, what actions will be undertaken in the future, and what actions it would like the team to take.
  3. Based on the information submitted by the applicant to the contact agency, the joint review staff shall submit a draft agreement of responsibilities to the team describing the statutory and regulatory jurisdiction, duties and responsibilities of each permitting and nonpermitting agency at each level of government that may review the proposed project. It shall also describe the responsibilities and general schedule of the applicant.

Acts 1981, ch. 131, § 8.

13-18-109. Second meeting — Completion of agreement of responsibility.

  1. After the team members have had a reasonable time to review the draft agreement and the applicant's presentation, but not more than four (4) weeks, the team leader shall call a second meeting. At this meeting the team shall complete the agreement of responsibility. When completed it shall be signed by the team members.
  2. Notice of this meeting shall be given in accordance with  § 13-18-107.

Acts 1981, ch. 131, § 9.

13-18-110. Additional meetings.

  1. After the agreement of responsibility has been signed, the team shall hold such additional meetings as it deems necessary to hear public comment, to gather information on the project, and clarify the responsibilities of the team members. At these meetings, the team and the applicant shall also develop a tentative project decision schedule.
  2. At least two (2) of these meetings shall be held in the vicinity of the project site.
  3. Not more than fourteen (14) weeks shall be used to complete this process.
  4. Adequate public notice shall be given prior to each meeting, in accordance with § 13-18-107.

Acts 1981, ch. 131, § 10.

13-18-111. Consolidation of applications — Project decision schedule.

  1. During the meetings provided for in § 13-18-110, the applicant and the involved agencies shall agree whether or not to attempt a coordination of applications. If possible, the applicant and the team should attempt to agree on one (1) consolidated application designed to satisfy the requirements of all participating agencies without violating administrative and substantive law.
  2. If one (1) consolidated application is not possible, the applicant and the team shall endeavor to consolidate as many different applications as possible into one (1) application. It is expected that all state and local applications will be so consolidated.
  3. When agreement on consolidation of applications has been reached, a project decision schedule shall be adopted to chart the application and approval process. The schedule may subsequently be modified by the team if necessary, but the general time limits agreed on by the applicant and the permitting agencies should be maintained.

Acts 1981, ch. 131, § 11.

13-18-112. Preapplication meetings — Failure to participate.

  1. Beginning as early in the joint review process as possible, but not less than thirty (30) days prior to application, the applicant and permitting agencies shall hold preapplication meetings to determine what each expects from the other so as to accelerate the application process.
  2. The applicant shall also meet with public individuals and groups who have expressed or have identified interests in the project, either through the medium of the meeting provided for in §§ 13-18-108 — 13-18-110, or otherwise, to identify and deal with the concerns of such persons.
  3. If persons who have had the opportunity to participate in preapplication meetings and raise concerns did not do so, it shall be noted in the application record.
  4. Notice of such meetings shall be given in accordance with § 13-18-107.

Acts 1981, ch. 131, § 12.

13-18-113. Implementation and compliance with project decision schedule.

  1. When the project decision schedule has been agreed on, the application shall be submitted and actions taken in accordance with it. Each permitting agency and the applicant shall endeavor to comply with the schedule so as to complete the permitting process as expeditiously as possible, with due regard for public health, safety, and welfare, and the rights of the applicant. The team leader shall monitor implementation of the schedule and act to resolve delays or disputes.
  2. No project decision schedule shall encompass a period of more than two (2) years unless the team finds that additional time is necessary.
  3. The time limits for agencies' actions set out in the project decision schedule shall be followed unless the team determines that different deadlines would help expedite or coordinate government review.
  4. Notwithstanding any other provision of law, the time limits and special procedures imposed by the project decision schedule shall constitute the lawful decision-making deadlines and procedures for reviewing applications filed by the applicant.

Acts 1981, ch. 131, § 13.

13-18-114. Special procedures for state agencies authorized.

  1. Notwithstanding any other provision of law, the team may establish special procedures in the project decision schedule for any state agency subject to such schedule.
  2. Such procedures shall be consistent with all statutes and rules, regulations and orders promulgated by the agency except that the team may require the agency to:
    1. Consolidate, to the maximum extent practicable, its proceedings respecting actions and decisions which are subject to the project decision schedule with the proceedings of other agencies, including other state and local agencies which are also subject to such schedule;
    2. Establish permit, license, and other filing requirements which eliminate unnecessary duplication, and, to the maximum extent practicable, provide for uniform collection, analysis, and reporting of such data;
    3. Substitute legislative-type hearings in lieu of trial-type hearings; provided, that in any cases in which:
      1. A formal hearing including an opportunity for cross-examination of witnesses is authorized by any provision of statute other than this chapter; and
      2. The agency determines there is a genuine and substantial dispute of fact which can only be resolved with sufficient accuracy by the introduction of evidence in a formal hearing;

        the agency shall designate such dispute for resolution in a formal hearing conducted in accordance with the statute providing for such hearing;

    4. Shorten time periods for actions required by agency procedures;
    5. Conduct hearings, except where such hearings are conducted pursuant to subdivision (b)(3), in which parties may submit such written data, views, or arguments and such written responses to the data, views or arguments submitted by other parties, as the team, agency, or the presiding employee may specify and in which oral presentation is limited to brief oral argument with respect to the written submissions;
    6. Establish procedures for issuing final decisions in which the presiding employee at any hearing may be required to certify the hearing record to the agency for decision without an initial decision. Such procedures may also require the presiding employee to submit the record to the agency without a recommended or tentative decision, but with such analysis of the record as the agency may specify. The agency itself shall then make the decision; or
    7. Utilize any combination of procedures authorized by this subsection (b).

Acts 1981, ch. 131, § 14.

13-18-115. Judicial action to enforce schedule.

  1. If any state or local agency has failed or is reasonably likely to fail to comply with a project decision schedule, the team leader may bring an enforcement action in the appropriate chancery court.
  2. In any action brought under this section, if the court determines that any state or local agency has failed or is reasonably likely to fail to comply with a project decision schedule, the court shall order the agency to act in accordance with the existing schedule where such action would be practical and would not deny any person due process of law.
  3. If the court determines that the agency has failed or is reasonably likely to fail to comply with a project decision schedule but that action in accordance with the project decision schedule would clearly be impracticable or would deny any person due process of law, the court shall instruct the team to revise the project decision schedule to require the agency to complete consideration of the applicant's request as soon as practicable, consistent with due process of law. Immediately upon receipt from the team of a certified copy of the revised project decision schedule, the court shall issue an order directing the agency to comply with such schedule.
  4. Notwithstanding any other provision of law including any other provision of this chapter, any action brought under this section shall be assigned for hearing and completed at the earliest possible date, shall, to the greatest extent practicable, take precedence over all other matters pending on the docket of the court at the time, and shall be expedited in every way by such court.

Acts 1981, ch. 131, § 15.

13-18-116. Consolidated hearings.

  1. If agreed to by the team and the applicant, consolidated hearings shall be used when possible. Such hearings shall include all hearings which agencies would be required to conduct individually. The team and the applicant shall determine which agencies shall be included in the consolidated hearings, but no agency shall be included over the objection of the applicant, if the action required from that agency is merely routine or administrative. If an application by the applicant to a particular agency would not otherwise require a hearing, such agency shall not be included in the consolidated hearing and no action taken in the consolidated hearing shall delay such application.
  2. The consolidated hearing is intended to combine public hearings concerned with similar regulatory topics, e.g., water quality, into one (1) hearing, thus avoiding the need for additional individual hearings. Issues to be considered in the hearing must be common to each agency and clearly indicated in the agenda and public notice. A common hearing procedure must be developed that satisfies due process and individual agency statutes. One (1) hearing record should be prepared for use by each agency.
  3. Procedural and organizational arrangements for the hearing should be made as far in advance as possible. Guidelines for organizing the hearing are provided below:
    1. The team and applicant should identify those public hearings that could be coordinated. If possible, such identification should occur when the project decision schedule is formulated;
    2. The team, in conjunction with the applicant and relevant agencies, should decide whether it is feasible to coordinate those hearings and which coordinated approach would be desirable;
    3. Assuming coordination is feasible, the team leader should appoint one (1) team member to develop a coordinated hearing plan;
    4. The team member assigned to develop the plan will arrange various meetings, as necessary, with relevant agency representatives, their attorneys and the proponent to develop and review proposed plans;
    5. Once a plan has been agreed upon, the decision schedule should be modified, if necessary, to reflect the hearing agreement;
    6. If the participating agencies and the proponent agree, the team member assigned to coordinate development of the joint hearing plan should continue to coordinate implementation of the plan; and
    7. The coordinated hearing plan should be discussed at one (1) or more team meetings to allow for public comment.

Acts 1981, ch. 131, § 16.

13-18-117. State or local timing provisions modified to coincide with federal law.

To effect maximum consolidation and coordination of the permitting process, any state or local law or regulation on the timing for filing documents, holding hearings, or providing notice is hereby modified to the necessary extent to coincide with the applicable federal law or regulation, if the federal agency involved participates in the joint review process.

Acts 1981, ch. 131, § 17.

13-18-118. Waiver of state or local law enacted after commencement of construction.

  1. The joint review team is authorized to waive application of any state or local statutes, regulations, or requirements enacted or promulgated after the commencement of construction of a major energy project, unless the general assembly explicitly prohibits such waiver. No waiver pursuant to this section shall take effect unless:
    1. The team finds that the waiver is necessary to ensure timely and cost-effective completion and operation of the facility; and
    2. The team, after consultation with the agency responsible for implementing the statute, regulation, or requirement to be waived, finds that the waiver will not unduly endanger public health or safety.
    1. For the purposes of this section, “commencement of construction” means that the owner or operator of a major energy project has obtained all necessary preconstruction approvals or permits required by state or local laws or regulations and either has:
      1. Begun or caused to begin, a continuous program of physical on-site construction of the facility, including site clearance, grading, dredging, or land filling in preparation for the fabrication, erection, or installation of the building components of the facility; or
      2. Entered into binding agreements or contractual obligations, which cannot be cancelled or modified without substantial loss to the owner or operator, to undertake a program of construction of the facility to be completed within a reasonable time.
    2. For the purpose of this subsection (b), interruptions resulting from acts of God, strikes, litigation, or other matters beyond the control of the owner shall be disregarded in determining whether such construction is continuous.

Acts 1981, ch. 131, § 18.

13-18-119. Modification of project decision schedule.

  1. At any time prior to the completion of the major energy project, the joint review team may:
    1. Revise the special procedures for state or local agencies on the project decision schedule;
    2. Add new special procedures for state or local agencies on the project decision schedule;
    3. Revise any deadline on the project decision schedule; or
    4. Add any new deadline on the project decision schedule.
  2. No modification in the project decision schedule shall be allowed unless the team determines that:
    1. Such modification would further the purposes of this chapter;
    2. Continued adherence to the schedule would be impractical or would not be in the public interest;
    3. In the case of a request for a modification by an agency, that the agency has exercised due diligence in attempting to comply with the schedule;
    4. In the case of a request for a modification by an applicant, that the applicant has exercised due diligence in attempting to comply with the schedule; and
    5. Except as provided by this section, such modification is consistent with § 13-18-114 and is published in a newspaper of general circulation.

Acts 1981, ch. 131, § 19.

13-18-120. Certification of approvals — Effect.

  1. If the joint review team has been notified by the agencies with authority to grant such approvals or perform such actions, or by a reviewing court, that all agency actions and approvals on the project decision schedules relating to a priority energy project:
    1. Have been granted;
    2. Have been performed; or
    3. Are not necessary;

      and if judicial review of such actions or approvals is completed, then the team shall certify the same. Such certification shall indicate any conditions and the expiration date of any approvals that have been granted to the project.

  2. A certificate issued by the team under subsection (a) shall constitute conclusive evidence in any judicial or executive proceeding that all actions and approvals necessary to the completion and initial operation of the project have been granted for the duration and subject to the conditions specified on the certificate.

Acts 1981, ch. 131, § 20.

13-18-121. Intervention or appearance in other action.

  1. The joint review team, or the applicant individually, may intervene in any state or local agency proceeding if such agency proceeding involves an action pursuant to this chapter or involving the project.
  2. The joint review team, or the applicant individually, may appear as a party of right in any judicial proceeding involving an action pursuant to this chapter or involving the project.

Acts 1981, ch. 131, § 21.

13-18-122. Appeals — Consequent revision of project decision schedule.

  1. Any judicial appeal which is provided for in the permitting process of any individual agency shall be permitted when such agency joins in the joint review process, and any action of the joint review team in conducting such process may be appealed if such action by the permitting agency would be appealable.
  2. Unless specified otherwise, appeals shall be made to the chancery court for Davidson County, and shall be given priority by that court and heard before any other action not already under consideration by that court.
  3. Any appeal from a decision of the chancery court shall be made directly to the Tennessee supreme court and be expedited by that court. Any review by the Tennessee supreme court shall be assigned for hearing and completed at the earliest possible date, shall to the greatest extent practicable take precedence over all other matters on the docket of the court at that time, and shall be expedited in every way by such court.
  4. Immediately following any decision remanding to an agency any case or controversy involving the validity of this chapter or an action pursuant to this chapter, the joint review team shall revise the project decision schedule as necessary to expedite any further proceedings required by the decision of the court. Such revisions shall be consistent with § 13-18-119.

Acts 1981, ch. 131, § 22.

13-18-123. Time limits for petitions for review.

  1. Except as provided by subsection (b), any petition for review of any action pursuant to this chapter or of the validity of this chapter shall be brought not later than twenty (20) days following the date of actual or constructive notice of the final agency action relating to the action which is being challenged.
  2. Any petition for review of the reasonableness of any deadline in a project decision schedule shall be brought not later than thirty (30) days after such deadline is listed on the project decision schedule and published in a newspaper of general circulation or such challenge shall be barred. The party challenging the reasonableness of the deadline shall have the burden of proof.
  3. Any petition for review of the validity of this chapter or of any action pursuant to this chapter shall be barred unless a complaint is filed prior to the expiration of time limits prescribed by subsections (a) and (b).

Acts 1981, ch. 131, § 23.

13-18-124. Limitations on injunctive relief not part of final judgment.

  1. Except as provided in subsection (b), no court shall have jurisdiction to grant any injunctive relief lasting longer than ninety (90) days against any act pursuant to this chapter, except in conjunction with the final judgment entered in a case.
  2. No court shall have jurisdiction to grant any injunctive relief preventing the enforcement of a project decision schedule except in conjunction with a final judgment. If the court on review determines that a deadline on a project decision schedule is not reasonable, the court may instruct the board to extend the deadline period.

Acts 1981, ch. 131, § 24.

13-18-125. Expedited review procedure.

If the applicant seeks an expedited review under § 13-18-103(c), the applicant and the agencies which are involved may utilize any provision of this chapter, including project decision schedules, consolidated hearings, and all provisions for expedited judicial review. When using a procedure, such as a project decision schedule, the applicant and the agency or agencies involved in the expedited review, acting together, are authorized to take any action or do anything that a joint review team may or should do, and for that purpose may act as a joint review team.

Acts 1981, ch. 131, § 25.

13-18-126. All state entities authorized to provide assistance — Composition of joint review staff — Loans of personnel.

  1. All departments, agencies, or other entities of state government, including the University of Tennessee and institutions operated by the board of regents, are authorized to provide any assistance requested by the joint review team, the team leader, or the contact agency.
  2. The joint review staff may be drawn from any of the preceding entities and personnel shall be placed on loan to the team at the request of the team leader. The loan shall continue for the term of the joint review process, and for a reasonable time thereafter, and during such period the compensation, benefits, and expenses of such loaned employee shall continue to be paid by the employing entity.

Acts 1981, ch. 131, § 47.

13-18-127. Rules and regulations.

The contact agency or joint review team or team leader is authorized to promulgate rules and regulations to effectuate the purposes of this chapter. Rules and regulations procedural in nature only shall not be subject to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. Any other rules and regulations shall be promulgated in accordance with the Uniform Administrative Procedures Act.

Acts 1981, ch. 131, § 46.

13-18-128. Statutory purpose — Liberal construction.

This chapter is declared to be remedial in nature to reduce the reliance of Tennessee on imported energy products, and this chapter shall be liberally construed to effectuate its purposes and provide for the most rapid development of major energy projects consistent with public health and safety.

Acts 1981, ch. 131, § 45.

Chapter 19
Energy Conservation Code

13-19-101. Model Energy Code — Adoption.

The Model Energy Code, 1992 Edition, for energy conservation in new building construction, published by the Council of American Building Officials, is hereby adopted by reference as the minimum requirements for the effective use of energy in new buildings. Notwithstanding the first sentence of this section, local jurisdictions shall have the option of adopting the 2000 International Energy Conservation Code with 2002 amendments, published by the International Code Council, as the minimum requirements for the effective use of energy in new buildings in that jurisdiction. However, any revisions or amendments to the above referenced codes shall become effective only upon approval by the general assembly or upon approval by the appropriate committee of the general assembly.

Acts 1978, ch. 888, § 1; T.C.A., § 13-2501; Acts 1993, ch. 193, § 1; 1994, ch. 977, § 1; 2003, ch. 329, § 1.

13-19-102. Application — Utilization of solar hot water heating systems.

  1. The state code for energy conservation established by this chapter shall govern the design and construction of new buildings and structures or portions thereof and additions to existing buildings that provide facilities or shelter for public assembly, educational, business, mercantile, institutional, storage, and residential occupancies, as well as those portions of factory and industrial occupancies designed primarily for human occupancy by regulating their exterior envelopes and the selection of their heating, ventilating and air conditioning systems, service water heating, electrical distribution and illuminating systems and equipment for effective use of energy.
  2. The state building commission shall utilize solar hot water heating systems if cost-efficient over the term of the bonds in any projects that involve conventional hot water systems.

Acts 1978, ch. 888, § 2; 1979, ch. 403, § 1; T.C.A., § 13-2502.

Compiler's Notes. The last sentence of § 2 of Acts 1978, ch. 888, which read:

“The code shall not apply to structures occupied exclusively as dwellings for residence purposes by one or two families; outbuildings, such as barns and other farm buildings; and one-story buildings, not exceeding two thousand five hundred (2,500) square feet, which are used for commercial purposes of a non-hazardous nature.”,

was not codified in view of House Joint Resolution No. 565 which is set out following chapter 888 in the 1978 Public Acts and which was adopted April 27, 1978 and approved May 8, 1978, providing:

“Whereas, the initial enrollment of chapter 888 of the public acts of 1978 has revealed that certain language has been duplicated creating conflicting exemptions; and

“Whereas, it was the intent of the general assembly with the adoption of committee amendment 1 to remove the exemptions in section 2 and to list the exemptions in section 3, although reasonable minds could differ on the interpretation of the directory language; and

“Whereas, it is incumbent on this body to enact statutes whose meanings are clear so that citizens may comply with laws and be secure in their interpretation; now, therefore,

“Be it Resolved by the House of Representatives of the Ninetieth General Assembly of the State of Tennessee, the Senate Concurring, that the secretary of state is hereby requested to remove the last sentence of section 2 of house bill no. 2338 which was initially enrolled as chapter 888 of the public acts of 1978.

“Be it Further Resolved, that copies of this resolution be sent to the secretary of state, the house engrossing clerk and the executive secretary of the code commission.”

13-19-103. Exemptions.

Buildings are exempt from this code as follows:

  1. All nonresidential farm buildings;
  2. All temporary buildings used exclusively for construction purposes;
  3. Other buildings as specifically exempted by § 103.3 of the Model Energy Code, 1992 Edition or as specifically exempted by § 101.4.1 of the 2000 International Energy Conservation Code with 2002 amendments in jurisdictions that have adopted the 2000 International Energy Conservation Code with 2002 amendments pursuant to § 13-19-101; and
  4. Additions to one-family and two-family dwellings which:
    1. Are less than ten percent (10%) of the square footage of the dwelling; and
    2. Have more than fifty percent (50%) of the total outside wall and roof space composed of glass.

Acts 1978, ch. 888, § 3; T.C.A., § 13-2503; Acts 1993, ch. 193, § 2; 1994, ch. 977, §§ 1, 2; 2003, ch. 329, § 2.

13-19-104. Amendment to code.

Section 104.1 of the Model Energy Code, 1992 Edition shall be amended by deleting the period at the end of the section and replacing it with a semicolon followed by these words “however, the building official may not require submission of plans prepared by a licensed engineer or architect in the case of plans for single family dwellings and duplexes.”

Acts 1978, ch. 888, § 4; T.C.A., § 13-2504; Acts 1993, ch. 193, § 3; 1994, ch. 977, § 1.

13-19-105. Enforcement.

It is the responsibility of every city, county, town, municipal corporation, and metropolitan government to enforce this chapter. It is the responsibility of the state building commission and its staff to enforce this chapter as to any buildings designed or constructed, regardless of location, under its supervision, in accordance with § 4-15-106.

Acts 1978, ch. 888, § 5; 1979, ch. 403, § 1; T.C.A., § 13-2505.

13-19-106. Adoption by local governments.

Each local government shall adopt the state code for energy conservation in new building construction with any amendments it deems reasonably necessary to accommodate local conditions. If the standards adopted by local governments are equal to or stricter than the code, the local standards shall control. If the local standards are less strict than the code standards, the code standards shall control.

Acts 1978, ch. 888, § 6; T.C.A., § 13-2506.

13-19-107. Fees.

Local governments may charge a reasonable fee for each permit, to offset the costs of administration, inspection, and enforcement of the code, as local government sees fit. The fee may not accrue to the general revenue of the local government or by any other application become subject to laws regulating local taxation.

Acts 1978, ch. 888, § 7; T.C.A., § 13-2507.

13-19-108. Adoption of department of housing and urban development methods and practice.

Any worksheets, prescriptive methods, alternative methods or practices concerning the Model Energy Code compliance or the 2000 International Energy Conservation Code with 2002 amendments compliance deemed acceptable by the department of housing and urban development shall be acceptable in this state.

Acts 1994, ch. 977, § 3; 2003, ch. 329, § 3.

Chapter 20
Housing Authorities Law

Part 1
General Provisions

13-20-101. Short title.

This chapter may be referred to as the “Housing Authorities Law.”

Acts 1935 (Ex. Sess.), ch. 20, § 1; C. Supp. 1950, § 3647.1; T.C.A. (orig. ed.), § 13-801.

Textbooks. Tennessee Jurisprudence, 19 Tenn. Juris., Municipal, State and County Aid, § 2.

Law Reviews.

Local Government Law — 1955 Tennessee Survey (Clyde L. Ball), 8 Vand. L. Rev. 1061.

Tort Law–Negligence–Landlords' Duty Of Care To Tenants in Tennessee (Yusuf Malik), 77 Tenn. L. Rev. 471 (2010).

Attorney General Opinions. Housing authority as municipal agency exempt from contractor licensing requirement, OAG 99-013, 1999 Tenn. AG LEXIS 1 (1/25/99).

Applicability of statutes pertaining to public purchasing and public contracting, and governing general contractors, to housing authorities established by municipalities or counties pursuant to T.C.A. §§ 13-20-101 et seq., OAG 05-170, 2005 Tenn. AG LEXIS 172 (11/21/05).

NOTES TO DECISIONS

1. Constitutionality.

Question of whether or not Public Acts 1935 (1st Ex. Sess.), §§ 24, 25 introduced other subjects into the act and were beyond the scope of the caption could not properly be raised where such sections were removed by Acts 1937, ch. 234, § 4. Knoxville Housing Authority, Inc. v. Knoxville, 174 Tenn. 76, 123 S.W.2d 1085, 1938 Tenn. LEXIS 66 (1939).

Provisions of this statute and its caption providing for the conferring of the remedies on obligees of the housing authority are germane with the general purpose of the statute in creating such authority and do not deal with a subject distinct from the remainder of the statute. Knoxville Housing Authority, Inc. v. Knoxville, 174 Tenn. 76, 123 S.W.2d 1085, 1938 Tenn. LEXIS 66 (1939).

Acts 1935 (1st Ex. Sess.), ch. 20, was a constitutional enactment. Starr v. Nashville Housing Authority, 145 F. Supp. 498, 1956 U.S. Dist. LEXIS 2631 (D. Tenn. 1956), aff'd, 354 U.S. 916, 77 S. Ct. 1378, 1 L. Ed. 2d 1432, 1957 U.S. LEXIS 664 (U.S. June 17, 1957).

The Housing Authorities Law is not in violation of Tenn. Const., art. II, § 29, as an authorization of lending of public credit to a corporation without prior authorization by the electorate because the housing authority alone is liable on bonds issued and there is no lending of credit of either the municipality or the county. Metropolitan Development & Housing Agency v. Leech, 591 S.W.2d 427, 1979 Tenn. LEXIS 524 (Tenn. 1979).

Tax increment financing, provided for in the Housing Authorities Law, is not in violation of those parts of Tenn. Const., art. II, §§ 28 and 29, requiring all property to be taxed uniformly according to its value because past interpretations of taxing uniformity require only that the tax burden apply equally to all nonexempt property. Metropolitan Development & Housing Agency v. Leech, 591 S.W.2d 427, 1979 Tenn. LEXIS 524 (Tenn. 1979).

2. Purpose and Policy.

The purpose for which a housing authority is created is properly a public purpose and such an entity serves a public use. Knoxville Housing Authority, Inc. v. Knoxville, 174 Tenn. 76, 123 S.W.2d 1085, 1938 Tenn. LEXIS 66 (1939).

The upgrading of blighted urban areas is not only a municipal purpose, but the proper concern of both the county in which the municipality lies and the state as a whole. Metropolitan Development & Housing Agency v. Leech, 591 S.W.2d 427, 1979 Tenn. LEXIS 524 (Tenn. 1979).

3. Tax Exemption.

Knoxville Housing Authority, Inc., although incorporated was nonetheless an arm or agency of the city of Knoxville so that the legislature could properly exempt both property held by the authority and bonds issued by the authority from taxation, as provided by § 67-5-206. Knoxville Housing Authority, Inc. v. Knoxville, 174 Tenn. 76, 123 S.W.2d 1085, 1938 Tenn. LEXIS 66 (1939).

4. Application and Effect.

Inasmuch as this chapter were not mandatorily applicable to municipalities, Memphis housing authority as created by Priv. Acts 1935, ch. 615 was not unconstitutional because certain provisions of the private act were in conflict with the general law. Mink v. Memphis, 222 Tenn. 216, 435 S.W.2d 114, 1968 Tenn. LEXIS 427 (1968).

The general law on housing authorities (this chapter) is not mandatorily applicable to any municipality but is authority for any municipality to establish a housing authority which may or may not be accepted by the municipality. Mink v. Memphis, 222 Tenn. 216, 435 S.W.2d 114, 1968 Tenn. LEXIS 427 (1968).

5. Public Utilities.

Where public housing authority which was engaged in slum clearance requested city to close public alley and city did so by proper ordinance, housing authority was engaged in a public purpose as an arm of the city and cost of moving gas lines located in the alley was to be borne by gas utility company rather than housing authority. Bristol Tennessee Housing Authority v. Bristol Gas Corp., 219 Tenn. 194, 407 S.W.2d 681, 1966 Tenn. LEXIS 518 (1966).

13-20-102. Chapter definitions.

As used in this chapter, unless the context otherwise requires:

  1. “Authority” or “housing authority” means a public body and a body corporate and politic organized in accordance with this chapter for the purposes, with the powers, and subject to the restrictions, hereinafter set forth;
  2. “Bonds” means any bonds, interim certificates, notes, debentures, or other obligations of the authority issued pursuant to this chapter;
  3. “Business” means any lawful activity conducted primarily:
    1. For the purchase, sale, lease and rental of personal and real property, and for the manufacturing, processing, or marketing of products, commodities, or any other personal property;
    2. For the sale of services to the public; or
    3. By a nonprofit organization;
  4. “City” means the city or town which is, or is about to be, included in the territorial boundaries of an authority when created hereunder;
  5. “City clerk” and “mayor” means the clerk and mayor, respectively, of the city, or the officers thereof, charged with the duties customarily imposed on the clerk and mayor, respectively;
  6. “Commissioner” means one (1) of the members of an authority appointed in accordance with this chapter;
  7. “Community facilities” includes real and personal property, and buildings and equipment for recreation or social assemblies, for educational, health or welfare purposes and necessary utilities when designed primarily for the benefit and use of the housing authority and/or the occupants of the dwelling accommodations;
  8. “Contract” means any agreement of an authority with or for the benefit of an obligee whether contained in a resolution, trust indenture, mortgage, lease, bond or other instrument;
  9. “Council” means the legislative body, council, board of commissioners, board of trustees, or other body charged with governing the city;
  10. “Dwelling unit” means a building or structure used as a place of residence;
  11. “Farmers of low income” means persons or families who at the time of their admission to occupancy in a dwelling of the authority:
    1. Live under unsafe or unsanitary housing conditions;
    2. Derive their principal income from operating or working upon a farm; and
    3. Had an aggregate average annual net income for the three (3) years preceding their admission that was less than the amount determined by the authority to be necessary, within its area of operations, to enable them, without financial assistance, to obtain decent, safe, and sanitary housing, without overcrowding;
  12. “Federal government” includes the United States, or any agency, instrumentality, corporate or otherwise, of the United States;
  13. “Governing body” means the council of any city;
  14. “Government” includes the state and federal governments and any subdivision, agency or instrumentality, corporate or otherwise, of either of them;
    1. “Housing project” includes all real and personal property, buildings and improvements, stores, offices, lands for farming and gardening, and community facilities acquired or constructed or to be acquired or constructed pursuant to a single plan or undertaking, to:
      1. Demolish, clear, remove, alter or repair unsanitary or unsafe housing; and/or
      2. Provide safe and sanitary dwelling accommodations for persons of low income;
    2. “Housing project” may also be applied to the planning of the buildings and improvements, the acquisition of property, the demolition of existing structures, the construction, reconstruction, alteration and repair of the improvements, and all other work in connection therewith. “Housing project” may also include such buildings and equipment for recreational or social assemblies for educational, health or welfare purposes, and such necessary utilities, as are designed primarily for the benefit and use of the housing authority and/or the occupants of such dwelling accommodations;
  15. “Mixed-finance project” means a project that is financially assisted by private resources, which may include low-income housing tax credits, in addition to an amount provided under any state or federal program. “Mixed-finance project” includes a project that is developed by:
    1. An authority or by an entity affiliated with an authority;
    2. A partnership, a limited liability company, or other entity in which the authority, or an entity affiliated with an authority, is a general partner, managing member, or otherwise participates in the activities of the entity; or
    3. Any entity that grants to the authority the right of first refusal and first option to purchase, after the close of the compliance period, the qualified low-income building in which the public housing units exist in accordance with the Internal Revenue Code of 1986, § 42(i)(7) (26 U.S.C. § 42(i)(7));
  16. “Mortgage” includes deeds of trust, mortgages, building and loan contracts or other instruments conveying real or personal property as security for bonds and conferring a right to foreclose and cause a sale thereof;
  17. “Municipality” means any city, town, or village or other municipality in the state;
  18. “Obligee of the authority” or “obligee” includes any bondholder, trustee or trustees for any bondholders, any lessor demising property to the authority used in connection with a housing project or any assignee or assignees of the lessor's interest or any part thereof, and the United States, when it is a party to any contract with the authority;
  19. “Persons of low income” means persons or families who lack the amount of income which is necessary, as determined by the authority undertaking the housing project, to enable them, without financial assistance, to live in decent, safe, and sanitary dwellings, without overcrowding;
  20. “Real property” includes lands, lands under water, structures, and any and all easements, franchises and incorporeal hereditaments and every estate and right therein, legal and equitable, including terms for years and liens by way of judgment, mortgage or otherwise;
  21. “Representative district” means any division or district of any city or municipality which is created for the purpose of electing a representative to the governing body of the city or municipality;
  22. “State” means the state of Tennessee;
  23. “Taxing agency” means any county, city, town or metropolitan government in the state; and
  24. “Trust indenture” includes instruments pledging the revenues of real or personal properties but not conveying such properties or conferring a right to foreclose and cause a sale thereof.

Acts 1935 (Ex.Sess.), ch. 20, § 3; 1935 (Ex.Sess.), ch. 44, § 2; 1935 (Ex.Sess.), ch. 45, § 2; 1937, ch. 234, § 1; 1943, ch. 22, §§ 2-4; C. Supp. 1950, § 3647.2 (Williams, §§ 3647.3, 3647.31, 3647.38); Acts 1965, ch. 193, § 1; 1972, ch. 690, § 1; 1978, ch. 854, § 1; T.C.A. (orig. ed.), § 13-802; Acts 1999, ch. 243, § 2.

Cross-References. Farmers of low income, §§ 13-20-501, 13-20-508, 13-20-509, 13-20-510.

Law Reviews.

Tort Law–Negligence–Landlords' Duty Of Care To Tenants in Tennessee (Yusuf Malik), 77 Tenn. L. Rev. 471 (2010).

NOTES TO DECISIONS

1. Housing Authority.

A housing authority is a “public body corporate” which, when constituted by a city, is effectively a municipal agency. Metropolitan Development & Housing Agency v. Leech, 591 S.W.2d 427, 1979 Tenn. LEXIS 524 (Tenn. 1979).

13-20-103. Meetings and residence of commissioners.

Nothing contained in this chapter shall be construed to prevent meetings of the commissioners anywhere within the perimeter boundaries of the area of operation of the authority or within any additional area where the housing authority is authorized to undertake a housing project, nor to prevent the appointment of any person as a commissioner of the authority who resides within such boundaries or such additional area, and who is otherwise eligible for such appointment under this chapter.

Acts 1935 (Ex. Sess.), ch. 20, § 44, as added by Acts 1943, ch. 22, § 6; C. Supp. 1950, § 3647.29H (Williams, § 3647.29t); T.C.A. (orig. ed.), § 13-803.

Law Reviews.

Tort Law–Negligence–Landlords' Duty Of Care To Tenants in Tennessee (Yusuf Malik), 77 Tenn. L. Rev. 471 (2010).

Attorney General Opinions. Residency requirements for city housing authority commissioners, OAG 99-075, 1999 Tenn. AG LEXIS 75 (4/5/99).

Residency requirement for commissioners of city housing authority, OAG 04-092, 2004 Tenn. AG LEXIS 101 (5/13/04).

13-20-104. Powers of housing authority.

  1. An authority has the power to:
    1. Investigate into living, dwelling and housing conditions and into the means and methods of improving such conditions;
    2. Determine where unsafe, or unsanitary dwelling or housing conditions exist;
    3. Study and make recommendations, in cooperation with any city, municipal or regional planning commission, concerning the plan of any city or municipality located within its boundaries in relation to the problem of clearing, replanning and reconstruction of areas in which unsafe, or unsanitary dwelling or housing conditions exist, and concerning provisions for dwelling accommodations for persons of low income;
    4. Prepare, carry out and operate housing projects;
    5. Provide for the construction, reconstruction, rehabilitation, improvement, alteration or repair of any housing project or any part thereof by direct sponsorship of the authority, by the purchase of a mortgage or by the making of a mortgage loan to a not-for-profit entity or corporation. In the event it becomes necessary for an authority to issue bonds for the obtaining of capital to purchase a mortgage or the making of a mortgage loan as provided for in this section, the bond issue shall first be approved by ordinance or resolution of the local governing body;
    6. Own, operate, assist, or otherwise participate in one (1) or more mixed-finance projects to provide for the construction, reconstruction, rehabilitation, improvement, alteration or repair of any housing project or any part thereof. An authority may provide capital assistance, operating assistance and financing assistance to a mixed-finance project in the form of a grant, loan, guaranty, collateralization or other form of investment in the project, or other form of public or private borrowings, for the construction or rehabilitation of a housing project;
    7. Take over by purchase, lease or otherwise any housing project located within its boundaries undertaken by any government, or by any city or municipality located in whole or in part within its boundaries;
    8. Manage as agent of any city or municipality located in whole or in part within its boundaries any housing project constructed or owned by such city;
    9. Act as agent for the federal government in connection with the acquisition, construction, operation and/or management of a housing project or any part thereof;
    10. Arrange with any city or municipality located in whole or in part within its boundaries or with a government for the furnishing, replanning, installing, opening or closing of streets, roads, roadways, alleys, sidewalks or other places or facilities;
    11. Arrange for the acquisition by such city, municipality, or government of property, option or property rights;
    12. Arrange for the furnishing of property or services in connection with a project;
    13. Arrange with the state, its subdivisions and agencies, and any county, city or municipality of the state, to the extent that it is within the scope of each of their respective functions:
      1. Cause the services customarily provided by each of them to be rendered for the benefit of such housing authority and/or the occupants of any housing projects;
      2. Provide and maintain parks and sewerage, water and other facilities adjacent to or in connection with housing projects; and
      3. Change the city or municipality map, to plan, replan, zone or rezone any part of the city or municipality;
    14. Lease or rent any of the dwellings or other accommodations or any of the lands, buildings, structures or facilities embraced in any housing project and to establish and revise the rents or charges therefor;
    15. Enter upon any building or property in order to conduct investigations or to make surveys or soundings;
    16. Purchase, lease, obtain options upon, acquire by gift, grant, bequest, devise, or otherwise, any property, real or personal or any interest therein from any person, firm, corporation, city, municipality, or government;
    17. Acquire by eminent domain any real property, including improvements and fixtures thereon except as provided in § 13-20-105;
    18. Sell, exchange, transfer, assign, or pledge any property, real or personal or any interest therein to any person, firm, corporation, municipality, city, or government;
    19. Own, hold, clear and improve property;
    20. Insure or provide for the insurance of the property or operations of the authority against such risks as the authority may deem advisable;
    21. Procure insurance or guarantees from the federal government of the payment of any debts or parts thereof secured by mortgages made or held by the authority on any property included in any housing project;
    22. Borrow money upon its bonds, notes, debentures, or other evidences of indebtedness and secure the same by pledges of its revenues, and, subject to the limitations hereinafter imposed, by mortgages upon property held or to be held by it, or in any other manner;
    23. In connection with any loan, agree to limitations upon its right to dispose of any housing project or part thereof or undertake additional housing projects;
    24. In connection with any loan by a government, agree to limitations upon the exercise of any powers conferred upon the authority by this chapter;
    25. Invest any funds held in reserve or sinking funds, or any funds not required for immediate disbursement, in property or securities in which savings banks may legally invest funds subject to their control;
    26. Sue and be sued;
    27. Have a seal and alter the same at pleasure;
    28. Have a perpetual succession;
    29. Make and execute contracts and other instruments necessary or convenient to the exercise of the powers of the authority;
    30. Make and from time to time amend and repeal bylaws, rules and regulations not inconsistent with this chapter;
    31. Conduct examinations and investigations and hear testimony and take proof under oath at public or private hearings on any matter material for its information;
    32. Issue subpoenas requiring the attendance of witnesses for the production of books and papers and to issue commissions for the examination of witnesses who are out of the state or unable to attend before the authority, or are excused from attendance;
    33. Make available to such agencies, boards or commissions as are charged with the duty of abating or requiring the correction of nuisance or like conditions, or of demolishing unsafe or unsanitary structures within its territorial limits, its findings and recommendations with regard to any building or property where conditions exist which are dangerous to the public health, morals, safety or welfare;
    34. Provide consulting services to housing authorities outside the housing authority’s territorial jurisdiction;
    35. Enter into management contracts with other authorities outside the authority's territorial jurisdiction, which provide for the management of all or any part of the operations of an authority or all or any part of a housing project or a mixed-finance project of an authority; and
    36. Enter into agreements with municipalities under which the authority agrees to exercise any or all powers of an authority under this chapter relating to redevelopment or urban renewal projects for such municipality with respect to one (1) or more redevelopment or urban renewal projects, including, but not limited to, holding public hearings, preparing redevelopment and urban renewal plans and managing redevelopment projects; provided, however, that all debt related to such redevelopment projects must be issued by the housing authority for the jurisdiction subject to the agreement and the housing authority for the jurisdiction subject to the agreement must consent to such agreement by resolution. Any municipality may enter into an agreement described in this subsection (a).
  2. Any of the investigations or examinations provided for in this chapter may be conducted by the authority or by a committee appointed by it, consisting of one (1) or more commissioners, or by counsel, or by an officer or employee specially authorized by the authority to conduct it. Any commissioner, counsel for the authority, or any persons designated by it to conduct an investigation or examination shall have power to administer oaths, take affidavits and issue subpoenas or commissions. An authority may exercise any or all of the powers herein conferred upon it, either generally or with respect to a specific housing project or projects through or by an agent or agents which it may designate, including any corporations which are or shall be formed under the laws of this state, and for such purposes, an authority may cause one (1) or more corporations to be formed under the laws of this state or may acquire the capital stock of any corporation or corporations. All housing project property owned by a corporate agent of a housing authority is subject to the control of and is deemed to be property of the housing authority. Any corporate agent may, to the extent permitted by law, exercise any of the powers herein conferred upon the authority. For purposes of this subsection (b), “corporation” shall include both for-profit corporations and nonprofit corporations.
  3. In addition to all of the other powers herein conferred upon it, an authority may do all things necessary and convenient to carry out the purposes and provisions of this chapter. No provisions with respect to the acquisition, operation or disposition of property by other public bodies shall be applicable to an authority unless the general assembly shall specifically so state.
  4. Notwithstanding anything to the contrary contained in this chapter or in any other provision of law, an authority may include, in any contract let in connection with a project, stipulations requiring that the contractor and any subcontractor comply with requirements as to minimum wages and maximum hours of labor, and comply with any conditions which the federal government may have attached to its financial aid of the project.
    1. Notwithstanding anything to the contrary contained in this chapter or in any other provision of law, an authority shall not initiate any public housing project under this chapter or any other provision of law until the governing body, or agency designated by it or empowered by law to act, of each city or municipality, in which any of the area to be covered by the project is situated in a representative district thereof, has approved the proposed public housing project plan, which provides an outline for the development, construction, lease, or purchase of the proposed housing project and is sufficiently complete to indicate its relationship to definite local objectives of appropriate land use and providing decent, safe, and sanitary housing for persons of low income.
      1. Such cities or municipalities are hereby authorized to approve public housing project plans through their governing body or agency designated by it for that purpose.(B)  The governing body shall not approve a public housing project plan until after a public hearing has been held by the governing body, or the agency designated by it or empowered by law so to act, to determine the necessity for the adoption of the public housing project proposal. Notice of the public hearing shall be given, by publishing once a week for three (3) consecutive weeks immediately preceding the public hearing in a newspaper of general circulation published in the city or municipality, providing notice of the time, place, and purpose of the public hearing and identifying at least two (2) locations, one (1) of which shall be the offices of the authority, where a map of the area to be included in the proposed public housing project, with the streets or other lines marking the boundaries of the area clearly indicated, may be reviewed by interested persons; and
      2. The failure to give the notice required in subdivision (e)(2)(B) may be asserted only by an owner having interest in property or an occupant of a business or dwelling unit thirty (30) days prior to the date of public hearing within the representative district in which a public housing project, as authorized pursuant to this chapter, both under the public or private acts, is proposed to be developed, constructed, leased, or purchased as a cause of action on the trial of the issue of the right of the housing authority to develop, construct, lease, or purchase the public housing project, and such failure to give notice as required in subdivision (e)(2)(B) constitutes a cause of action unless, in the judgment of the court trying such issue, there has been compliance with subdivision (e)(2)(B).
    2. For purposes of this subsection (e), “public housing project” shall mean housing units that are subject to a housing authority's annual contribution contract with the United States department of housing and urban development.
    1. “Low-income housing tax credit (LIHTC) property” means low-income housing property restricted under government regulations pursuant to § 42 of the Internal Revenue Code of 1986 (26 U.S.C. § 42), the low-income housing tax credit program.
    2. Upon the affirmative vote of a majority of the members of its governing body, the city or county for which a housing authority is created may delegate to such housing authority the authority to negotiate and accept payments in lieu of ad valorem taxes from the housing authority's lessees operating LIHTC property; provided, however, that such authorization shall be granted only upon a finding that such payments are deemed to be in furtherance of the housing authority's public purposes. The housing authority shall submit each such agreement to the city or county legislative body of all affected taxing jurisdictions for approval.
    3. Before October 1 of each year, a housing authority to which authority to negotiate payments in lieu of taxes has been delegated by a city or county shall submit to the state board of equalization an annual report containing a list of all the real and personal property owned by the housing authority and its associated entities and subsidiaries with respect to which payments in lieu of ad valorem taxes have been negotiated and accepted; the value of each listed property, as estimated by the lessee of the property; the date and term of the lease for each listed property; the amount of payments made in lieu of property taxes for each listed property; the date each listed property is scheduled to return to the regular tax rolls; and a calculation of the taxes which would have been due for each listed property if the properties were privately owned or otherwise subject to taxation. Each lessee of the housing authority shall be responsible for the timely completion and filing of the report, and failure to timely complete and file the report shall subject such lessees to a penalty equivalent to that applicable to similar lessees of industrial development corporations; provided, that no lessee shall be liable who has provided the state board of equalization information required by this section as may be pertinent to property leased by the lessee from the housing authority.
    1. If any two (2) authorities determine it to be in the best interest of each authority to merge, each such authority shall approve the merger by resolution. Any such resolution shall include the name of each authority involved in the merger, identify the surviving authority into which each authority plans to merge and the terms and conditions of the merger. Any such resolution shall be filed with each city or county that created each authority that is subject to the merger, and if the governing body of each such city or county approves such merger by resolution, the authorities may proceed with the merger. Upon the effective date of the merger:
      1. Every other authority that is a party to the merger shall merge into the surviving authority and the separate existence of every authority except the surviving authority shall cease;
      2. The title to all real estate and other property owned by each authority that is a party to the merger shall be vested in the surviving authority without reversion or impairment;
      3. The surviving authority shall be deemed to have assumed all liabilities and obligations of each authority that is a party to the merger;
      4. A proceeding pending against any corporation that is a party to the merger may be continued as if the merger did not occur or the surviving corporation may be substituted in the proceeding for the authority whose existence ceased; and
      5. The board of commissioners of the surviving entity shall remain unchanged.
    2. Upon the effective date of any such merger, the boundaries of the authority shall be deemed to be the collective boundaries of the merged authorities.
    3. The surviving authority for purposes of this chapter shall continue to be considered a city, county or regional authority as was the case prior to the merger, and the appointment and composition of the board of commissioners of the surviving authority shall not change.
    4. The power to merge authorities under this subsection (g) is supplemental to all other powers granted under this chapter to consolidate authorities or to create regional authorities.
    5. A notice of any merger of authorities pursuant to this subsection (g) shall be filed with the secretary of state.
  5. If an authority determines it to be in its best interest to dissolve, the authority shall approve such dissolution by resolution. Such resolution shall include a statement providing for the distribution of assets upon the completion of dissolution of the authority. Upon adoption of such resolution, subject to any approval required by the charter or bylaws of the authority and upon the approval by resolution by the governing body of each municipality or county that created such authority, articles of dissolution and termination setting forth the name of the authority, the date of its incorporation and a statement that the authority has approved the dissolution of the authority and the date on which such approval was given shall be delivered to the secretary of state. Upon filing the articles of dissolution with the secretary of state, the corporate existence of the authority shall terminate except for the purpose of conducting activities to wind up and liquidate its affairs, including collecting its assets, conveying and disposing of its properties that will not be distributed in kind, discharging or making provisions for discharging its liabilities, and returning, transferring or conveying assets held by the authority upon a condition requiring return, transfer or conveyance, which condition occurs by reason of the dissolution, in accordance with such condition, transferring, subject to any contractual or legal requirements, its assets as provided or authorized by its charter or bylaws.

Acts 1935 (Ex. Sess.), ch. 20, § 9; 1937, ch. 234, § 3; mod. C. Supp. 1950, § 3647.8 (Williams, § 3647.9); Acts 1972, ch. 690, § 2; 1976, ch. 729, § 1; T.C.A. (orig. ed.), § 13-804; Acts 1995, ch. 442, § 1; 1999, ch. 243, § 1; 2002, ch. 815, § 2; 2006, ch. 999, §§ 1-4; 2012, ch. 706, §§ 1-3; 2015, ch. 222, § 1.

Cross-References. Contracts with federal government authorized, § 13-20-610.

Law Reviews.

Real Property — 1955 Tennessee Survey (Wade H. Sides, Jr.), 8 Vand. L. Rev. 1110.

Tort Law–Negligence–Landlords' Duty Of Care To Tenants in Tennessee (Yusuf Malik), 77 Tenn. L. Rev. 471 (2010).

Attorney General Opinions. A housing authority may designate a non-profit corporation as its corporate agent, OAG 01-135, 2001 Tenn. AG LEXIS 142 (8/31/01).

NOTES TO DECISIONS

1. Constitutionality.

Provisions of this statute giving housing authorities power to determine the type and nature of projects to be undertaken and to determine certain other matters of detail without prescribing any definite standards to guide such authorities did not violate Tenn. Const., art. II, §§ 1, 2. Knoxville Housing Authority, Inc. v. Knoxville, 174 Tenn. 76, 123 S.W.2d 1085, 1938 Tenn. LEXIS 66 (1939).

2. Restrictive Covenants.

In view of numerous and pervasive forms of governmental participation prior to execution of deeds and continuing governmental control over future uses of the property reserved by the housing authority, the state and its agencies continued to be involved to such significant degree that defendant motel owners were bound by the equal protection clause prohibiting discrimination on the grounds of race or color in offering accommodations. Smith v. Holiday Inns of America, Inc., 220 F. Supp. 1, 1963 U.S. Dist. LEXIS 9311 (M.D. Tenn. 1963), modified, 336 F.2d 630, 1964 U.S. App. LEXIS 4300 (6th Cir. Tenn. 1964).

3. Eviction.

Tenant in public housing authority project could not be evicted for alleged disturbances, permitting accumulation of trash and debris and damage to premises without some sort of standards governing conduct of tenants and a chance to be heard. Nashville Housing Auth. v. Taylor, 59 Tenn. App. 600, 442 S.W.2d 668, 1968 Tenn. App. LEXIS 360 (Tenn. Ct. App. 1968).

4. Approval of Project.

City council's action in denying housing authority's application for public housing project was authorized by this section, despite need for public housing. Gallatin Hous. Auth. v. City Council, 868 S.W.2d 278, 1993 Tenn. App. LEXIS 453 (Tenn. Ct. App. 1993), rehearing denied, — S.W.2d —, 1993 Tenn. App. LEXIS 505 (Tenn. Ct. App. Aug. 4, 1993).

13-20-105. Private property — Taking by eminent domain restricted under certain conditions.

A housing authority created under this chapter shall not have the power to take by eminent domain private property in an urban renewal area for the purpose of resale, if the owner of same desires to develop such owner's own property and if the designated reuse of the property in the urban renewal plan is such that the owner's parcel can be redeveloped by itself without affecting the objectives of the urban renewal plan as to the owner's parcel or adjoining or adjacent properties thereto, and the owner signs an agreement with the housing authority to abide by the urban renewal plan, in any development thereof.

Acts 1972, ch. 711, § 1; T.C.A., § 13-833.

Law Reviews.

Tort Law–Negligence–Landlords' Duty Of Care To Tenants in Tennessee (Yusuf Malik), 77 Tenn. L. Rev. 471 (2010).

NOTES TO DECISIONS

1. No Exception to Eminent Domain.

Pursuant to T.C.A. § 13-20-105, individual development by the landowners would frustrate the objection of the metropolitan development and housing agency's (MDHA) urban renewal plan, and the landowners could not bring themselves within the exception to eminent domain; thus, the trial court did not err in granting possession to MDHA, and since the Tenn. R. Civ. P. 59 motion filed four years subsequent to the June 25, 2001, order of possession simply sought to relitigate matters that had already been adjudicated, the trial court did not abuse its discretion in overruling the motion. Metro. Dev. & Hous. Agency v. Eaton, 216 S.W.3d 327, 2006 Tenn. App. LEXIS 670 (Tenn. Ct. App. 2006), appeal denied, — S.W.3d —, 2007 Tenn. LEXIS 169 (Tenn. Feb. 26, 2007).

13-20-106. Housing research and studies.

In addition to all its other powers, any authority may, within its area of operation, undertake and carry out studies and analyses of the housing needs, and of the meeting of such needs, including data with respect to population and family groups and the distribution thereof according to income groups, the amount and quality of available housing and its distribution according to rentals and sales prices, employment, wages and other factors affecting the local housing needs and the meeting thereof, and make the results of such studies and analyses available to the public and the building, housing and supply industries, and may also engage in research and disseminate information on the subject of housing.

Acts 1935 (Ex. Sess.), ch. 20, § 49, as added by Acts 1945, ch. 102, § 1; C. Supp. 1950, § 3647.29M (Williams, § 3647.29y); T.C.A. (orig. ed.), § 13-805.

Law Reviews.

Tort Law–Negligence–Landlords' Duty Of Care To Tenants in Tennessee (Yusuf Malik), 77 Tenn. L. Rev. 471 (2010).

13-20-107. Cooperation of authorities in exercise of powers.

Any two (2) or more authorities may join or cooperate with one another in the exercise, either jointly or otherwise, of any or all of their powers for the purpose of financing, including the issuance of bonds, notes or other obligations and giving security therefor, planning, undertaking, owning, construction, operating or contracting with respect to a housing project or projects located within the boundaries of any one (1) or more of the authorities. For such purposes, an authority may by resolution prescribe and authorize any other housing authority or authorities, so joining or cooperating with it, to act on its behalf with respect to any or all of such powers. Any authorities joining or cooperating with one another may by resolution appoint from among the commissioners of such authorities an executive committee with full power to act on behalf of such authorities with respect to any or all of their powers, as prescribed by resolutions of such authorities.

Acts 1935, (Ex. Sess.), ch. 20, § 10; 1943, ch. 22, § 5; C. Supp. 1950, § 3647.9 (Williams, § 3647.10); T.C.A. (orig. ed.), § 13-806.

Law Reviews.

Tort Law–Negligence–Landlords' Duty Of Care To Tenants in Tennessee (Yusuf Malik), 77 Tenn. L. Rev. 471 (2010).

13-20-108. Eminent domain used to acquire land for housing projects and by United States agencies.

  1. A housing authority as defined in § 13-20-102 and any corporation, which is an agency of the United States, shall, upon the adoption of a resolution declaring that the acquisition of the property described therein is in the public interest and necessary for public use, have the right to acquire by eminent domain any real property, including improvements and fixtures thereon, which it may deem necessary for a housing project being constructed, operated or aided by it or the United States. Any corporation borrowing money or receiving other financial assistance from the United States or any agency thereof for the purpose of financing the construction or operation of any housing project or projects, the operation of which will be subject to public supervision or regulation, shall have the right to acquire by eminent domain any real property, including fixtures and improvements thereon which it may deem necessary for such project. A housing project shall be deemed to be subject to public supervision or regulation within the meaning of this chapter if the rents to be charged are in any way subject to the supervision, regulation or approval of the United States, the state or any of their subdivisions or agencies, or by a housing authority, city, municipality or county, whether such right to supervise, regulate or approve is by virtue of any law, statute, contract or otherwise.
  2. The power of eminent domain hereinabove conferred may be exercised pursuant to either:
    1. Title 29, chapter 16; title 29, chapter 17, part 5; and any amendments thereto; or
    2. Pursuant to any other applicable statutory provisions, now in force or hereafter enacted, for the exercise of the power of eminent domain.
  3. Property already devoted to a public use may be acquired; provided, that no property belonging to any city or municipality or to any government may be acquired without its consent and that no property belonging to a public utility corporation may be acquired without the approval of the commission or other officer or tribunal, if any there be, having regulatory power over such corporation.
  4. Whenever the power of eminent domain as herein conferred shall be exercised, in estimating the damages, the jury or jury of view, as the case may be, shall give the value of the land or rights taken without deduction, together with incidental damages, if any. Where the removal of furniture, household belongings, fixtures, merchandise, stock in trade, inventories, equipment or machinery is made necessary by the taking, the reasonable expense of such removal shall be considered in assessing incidental damages. The reasonable expense of the removal of such chattels shall be construed as including the cost of any necessary disconnection, dismantling or disassembling, the loading, and drayage to another location not more than ten (10) miles distant, and the reassembling, reconnecting, and installing in such new location. This provision shall only apply when the power of eminent domain is exercised under this section.

Acts 1935 (Ex.Sess.), ch. 20, § 11; 1935 (Ex.Sess.), ch. 44, § 3; C. Supp. 1950, § 3647.10 (Williams, §§ 3647.11, 3647.39); Acts 1965, ch. 191, § 1; T.C.A. (orig. ed.), § 13-807; Acts 2014, ch. 927, § 9.

Law Reviews.

The Private Use of Public Power: The Private University and the Power of Eminent Domain; Part Two, Private University Expansion Through Eminent Domain — Section 112 of the Federal Urban Renewal Program, 27 Vand. L. Rev. 681, 705.

Tort Law–Negligence–Landlords' Duty Of Care To Tenants in Tennessee (Yusuf Malik), 77 Tenn. L. Rev. 471 (2010).

NOTES TO DECISIONS

1. Constitutionality.

Those provisions of this statute which give housing authorities the power of eminent domain are not unconstitutional on the ground that the property is not to be taken for a public purpose and use. Knoxville Housing Authority, Inc. v. Knoxville, 174 Tenn. 76, 123 S.W.2d 1085, 1938 Tenn. LEXIS 66 (1939).

2. Property Subject to Condemnation.

Housing authority under housing authority act is not limited to condemning slum areas for erection of new constructions but may create new housing for low income groups on vacant lots. Harper v. Trenton Housing Authority, 38 Tenn. App. 396, 274 S.W.2d 635, 1953 Tenn. App. LEXIS 124 (Tenn. Ct. App. 1954).

This section makes no provision for condemnation of personal property and housing authority could not acquire personal property by eminent domain. Memphis Housing Authority v. Memphis Steam Laundry-Cleaner, Inc., 225 Tenn. 46, 463 S.W.2d 677, 1971 Tenn. LEXIS 273 (1971).

3. Discretion of Authority.

In the absence of a clear and palpable abuse of power, the determination of the necessity for the taking and what property shall be taken is not a question for the judiciary, but for the housing authorities under the housing authority act since the legislature delegated the right of eminent domain to it. Harper v. Trenton Housing Authority, 38 Tenn. App. 396, 274 S.W.2d 635, 1953 Tenn. App. LEXIS 124 (Tenn. Ct. App. 1954).

4. —Palpable Abuse.

Trial court's ruling that “palpable abuse of discretion … imports fraud or bad faith” is not proper but was not enough in itself to reverse an otherwise proper condemnation proceeding. Harper v. Trenton Housing Authority, 38 Tenn. App. 396, 274 S.W.2d 635, 1953 Tenn. App. LEXIS 124 (Tenn. Ct. App. 1954).

Housing authority's condemnation without personal motives of a vacant lot to build African-American housing near other African-American areas, subsequent to making executory contract with city for it to reconstruct equal amount of slum housing, over objection of adjacent owners that action would lower real estate values and cause social problems, was not palpable abuse of condemnation authority. Harper v. Trenton Housing Authority, 38 Tenn. App. 396, 274 S.W.2d 635, 1953 Tenn. App. LEXIS 124 (Tenn. Ct. App. 1954).

5. Public Utilities.

Where public housing authority which was engaged in slum clearance requested city to close public alley and city did so by proper ordinance, housing authority was engaged in a public purpose as an arm of the city and cost of moving gas lines located in the alley was to be borne by gas utility company rather than housing authority. Bristol Tennessee Housing Authority v. Bristol Gas Corp., 219 Tenn. 194, 407 S.W.2d 681, 1966 Tenn. LEXIS 518 (1966).

6. Fixtures.

A property owner may remove any fixture which the condemnor has not sought by his petition to condemn with the property owner being entitled to the full cost of disassembling, removal and reassembling as provided in this section but not to exceed the cost of replacement. Memphis Housing Authority v. Memphis Steam Laundry-Cleaner, Inc., 225 Tenn. 46, 463 S.W.2d 677, 1971 Tenn. LEXIS 273 (1971).

7. Moving Expenses.

Moving expenses are incidental damages to be paid along with the judgment for the taking and cannot be deferred until the cost of removal has been incurred. Memphis Housing Authority v. Memphis Steam Laundry-Cleaner, Inc., 225 Tenn. 46, 463 S.W.2d 677, 1971 Tenn. LEXIS 273 (1971).

13-20-109. Acquisition of land for government.

The authority may acquire by purchase or by the exercise of its power of eminent domain as provided in § 13-20-108, any property real or personal for any housing project being constructed or operated by a government. The authority upon such terms and conditions, with or without consideration, as it shall determine, may convey title or deliver possession of such property so acquired or purchased to such government for use in connection with such housing project.

Acts 1935 (Ex. Sess.), ch. 20, § 12; C. Supp. 1950, § 3647.11 (Williams, § 3647.12); T.C.A. (orig. ed.), § 13-808.

Law Reviews.

The Private Use of Public Power: The Private University and the Power of Eminent Domain; Part Three, Private University Expansion Through Section 112 — A Case Study, IV (formal planning), 27 Vand. L. Rev. 681, 733.

Tort Law–Negligence–Landlords' Duty Of Care To Tenants in Tennessee (Yusuf Malik), 77 Tenn. L. Rev. 471 (2010).

13-20-110. Conveyance, lease or agreement in aid of housing project.

  1. For the purpose of aiding and cooperating in the planning, construction and operation of housing projects located within their respective territorial boundaries, the state, its subdivisions and agencies, and any county, city, or municipality of the state may, upon such terms and for such consideration as it may determine:
    1. Grant, sell, convey or lease any of its property to a housing authority or the United States or any agency thereof;
    2. To the extent that it is within the scope of each of their respective functions:
      1. Cause the services customarily provided by each of them to be rendered for the benefit of the housing authority and/or the occupants of such housing projects;
      2. Provide and maintain parks and sewage, water and other facilities adjacent to or in connection with housing projects; and
      3. Enter into any agreements to open, close, pave, install, or change the grade of streets, roads, roadways, alleys, sidewalks, or other such facilities, to change the city or municipality map, to plan, replan, zone or rezone any part of the city or municipality;
    3. Enter into agreements with respect to the exercise of its powers relating to the repair, elimination or closing of unsafe, unsanitary or unfit dwellings; and
    4. Do any and all things necessary to aid and cooperate in the planning, construction and operation of housing projects by the United States and by housing authorities.
  2. In connection with the exercise of these powers, any city or municipality may incur the entire expense of any such public improvement located within its territorial boundaries without assessment against abutting property owners.
  3. Any law to the contrary notwithstanding, any grant, sale, conveyance, lease or agreement provided for in this section may be made without appraisal, public notice, advertisement or public bidding.

Acts 1935 (Ex. Sess.), ch. 45, § 3; 1939, ch. 154, § 1; mod. C. Supp. 1950, § 3647.29V (Williams, § 3647.32); T.C.A. (orig. ed.), § 13-809.

Law Reviews.

Tort Law–Negligence–Landlords' Duty Of Care To Tenants in Tennessee (Yusuf Malik), 77 Tenn. L. Rev. 471 (2010).

13-20-111. Federal projects acquired by authority.

With respect to any housing project which a housing authority has acquired or taken over from the federal government and which the housing authority by resolution has found and declared to have been constructed in a manner that will promote the public interest and afford necessary safety, sanitation and other protection, no municipality shall require any changes to be made in the housing project or the manner of its construction or take any other action relating to such construction.

Acts 1935 (Ex. Sess.), ch. 45, § 10, as added by Acts 1937, ch. 225, § 1; C. Supp. 1950, § 3647.29Z (Williams, § 3647.36c); T.C.A. (orig. ed.), § 13-810.

Cross-References. Contracts with federal government authorized, § 13-20-610.

Law Reviews.

Tort Law–Negligence–Landlords' Duty Of Care To Tenants in Tennessee (Yusuf Malik), 77 Tenn. L. Rev. 471 (2010).

13-20-112. Zoning and building laws.

All housing projects of an authority shall be subject to the planning, zoning, sanitary and building laws, ordinances and regulations applicable to the locality in which the housing project is situated.

Acts 1935 (Ex. Sess.), ch. 20, § 13; C. Supp. 1950, § 3647.12 (Williams, § 3647.13); T.C.A. (orig. ed.), § 13-811.

Law Reviews.

Tort Law–Negligence–Landlords' Duty Of Care To Tenants in Tennessee (Yusuf Malik), 77 Tenn. L. Rev. 471 (2010).

13-20-113. Rentals and tenant selection.

  1. In the operation or management of housing projects, an authority shall at all times observe the following duties with respect to rentals and tenant selection:
    1. It may rent or lease the dwelling accommodations therein only to persons of low income;
    2. It may rent or lease the dwelling accommodations therein only at rentals within the financial reach of such persons of low income;
    3. It may rent or lease to a tenant dwelling accommodations consisting of the number of rooms, but no greater number, which it deems necessary to provide safe and sanitary accommodations to the proposed occupants thereof, without overcrowding; and
    4. It shall not accept any person as a tenant in any housing project if the person or persons who would occupy the dwelling accommodations have an annual net income in excess of five (5) times the annual rental of the quarters to be furnished such person or persons, except that in the case of families with three (3) or more minor dependents, such ratio shall not exceed six (6) to one (1). In computing the rental for this purpose of selecting tenants, there shall be included in the rental the average annual cost, as determined by the authority, to the occupants, of heat, water, electricity, gas, cooking range and other necessary services or facilities, whether or not the charge for such services and facilities is in fact included in the rental.
  2. Nothing contained in this chapter shall be construed as limiting the power of an authority to:
    1. Vest in an obligee the right, in the event of a default by the authority, to take possession of a housing project or cause the appointment of a receiver thereof, free from all the restrictions imposed by the law, with respect to rentals, tenant selection, manner of operation, or otherwise; or
    2. Pursuant to § 13-20-604, vest in obligees the right, in the event of a default by the authority, to acquire title to a housing project or the property mortgaged by the housing authority, free from all the restrictions imposed by this chapter, except those imposed by §§ 13-20-604 and 13-20-609.

Acts 1935 (Ex. Sess.), ch. 20, § 32, as added by Acts 1937, ch. 234, § 5; 1939, ch. 74, § 2; C. Supp. 1950, § 3647.25 (Williams, § 3647.29b); T.C.A. (orig. ed.), § 13-812.

Law Reviews.

Tort Law–Negligence–Landlords' Duty Of Care To Tenants in Tennessee (Yusuf Malik), 77 Tenn. L. Rev. 471 (2010).

NOTES TO DECISIONS

1. Nature of Operation.

The operation of a housing authority is a government function and the agents of the authority cannot act arbitrarily or capriciously in renting of space to tenants or in evicting tenants from the project. Nashville Housing Auth. v. Taylor, 59 Tenn. App. 600, 442 S.W.2d 668, 1968 Tenn. App. LEXIS 360 (Tenn. Ct. App. 1968).

2. Eviction.

Tenant in public housing authority project could not be evicted for alleged disturbances, permitting accumulation of trash and debris and damage to premises without some sort of standards governing conduct of tenants and a chance to be heard. Nashville Housing Auth. v. Taylor, 59 Tenn. App. 600, 442 S.W.2d 668, 1968 Tenn. App. LEXIS 360 (Tenn. Ct. App. 1968).

13-20-114. Continuing counseling and education programs for tenants of housing projects.

  1. In the operation and management of housing projects, an authority may assist in the establishment and development of a continuing program of counseling and education for its tenants on household management, self-help, budgeting and money management, consumer education and related counseling and educational services which will assist its tenants in improving their living conditions and ability to purchase a home.
  2. Such program may include a credit union for the tenants.
  3. Such programs should be developed and scheduled to encourage maximum participation of the tenants.

Acts 1972, ch. 668, § 1; T.C.A., § 13-832.

Law Reviews.

Tort Law–Negligence–Landlords' Duty Of Care To Tenants in Tennessee (Yusuf Malik), 77 Tenn. L. Rev. 471 (2010).

13-20-115. Reasons for eviction.

Local housing authorities shall furnish an evicted tenant with the reasons for such tenant's eviction from a housing project upon the request of the evicted tenant.

Acts 1973, ch. 153, § 1; T.C.A., § 13-834.

Law Reviews.

Tort Law–Negligence–Landlords' Duty Of Care To Tenants in Tennessee (Yusuf Malik), 77 Tenn. L. Rev. 471 (2010).

13-20-116. Housing or domiciliary care for aged persons — Daily contact and care for tenants.

Any agency of the state or any county, city, metropolitan government or other political subdivision of the state, including, but not limited to, any public housing authority or housing development agency, which operates any program providing housing or domiciliary care for aged persons which, as used herein, means persons sixty-five (65) years of age or older, in buildings which exceed three (3) stories in height, shall, as a part of such operation or program, make arrangements, where funds are made available to it for that purpose, to provide some person or persons each day to contact individually by telephone, in person or in any other effective manner, each aged person in residence, to check upon each aged person's physical well-being and comfort and, in the event and only in the event, such person requests and is in apparent need of medical or social assistance or care, to promptly contact appropriate agencies and request such assistance and care in behalf of any such person. Where public funds are not made available specifically to defray any increased costs caused by such arrangements, the agency shall not be required to provide the arrangements or program out of its funds budgeted for other purposes, but shall nevertheless adopt and implement a program to organize, develop and utilize private individual and organizational resources or any other public agency resources which may be available to carry out the arrangements, either on a volunteer basis or on any other basis which such agency may find to be reasonably feasible within its budgetary or other resources or from funds or resources made available to it from any lawful source, public or private.

Acts 1974, ch. 692, § 1; T.C.A., § 13-835.

Law Reviews.

Tort Law–Negligence–Landlords' Duty Of Care To Tenants in Tennessee (Yusuf Malik), 77 Tenn. L. Rev. 471 (2010).

13-20-117. Authority membership in metropolitan cities and counties.

  1. In any city or county with a metropolitan form of government, the membership of the housing authority shall be increased by two (2) additional members, which additional members shall be residents of low-rent public housing or housing projects.
  2. One (1) of the commissioners authorized pursuant to § 13-20-408 of any housing authority in any county having a population of not less than three hundred nineteen thousand six hundred twenty-five (319,625) nor more than three hundred nineteen thousand seven hundred twenty-five (319,725), according to the 1980 federal census or any subsequent federal census, shall be a resident of low-rent public housing or a housing project to be appointed by the mayor of the municipality creating such authority for a term of two (2) years, notwithstanding § 13-20-408. The first resident appointment shall be made to fill the first expired term of a commissioner occurring after March 17, 1988.

Acts 1983, ch. 49, § 1; 1988, ch. 568, § 1.

Compiler's Notes.  For table of U.S. decennial populations of Tennessee counties, see Volume 13 and its supplement.

Law Reviews.

Tort Law–Negligence–Landlords' Duty Of Care To Tenants in Tennessee (Yusuf Malik), 77 Tenn. L. Rev. 471 (2010).

13-20-118. Immunity of officials.

The individual commissioners, directors, supervisory employees, and supervisory agents of a housing authority, whether such housing authority is formed under this chapter or by private act, while acting in the scope of their authority, including those entities that a housing authority or entity affiliated with an authority may form, incorporate, or join as a partner or member to develop or manage a mixed-finance project, and the directors, supervisory employees, and supervisory agents of such entities, while acting in the scope of their authority for the development or management of the mixed-finance project, enjoy the same protections and immunities that are presently provided for housing authority corporations under the law of this state, and any protections and immunities that may be provided to housing authorities in the future under the law of this state.

Acts 1984, ch. 747, § 1; 2018, ch. 664, § 1.

Law Reviews.

Tort Law–Negligence–Landlords' Duty Of Care To Tenants in Tennessee (Yusuf Malik), 77 Tenn. L. Rev. 471 (2010).

Part 2
Redevelopment

13-20-201. Blighted areas and dilapidation defined.

  1. “Blighted areas” are areas, including slum areas, with buildings or improvements that, by reason of dilapidation, obsolescence, overcrowding, lack of ventilation, light and sanitary facilities, deleterious land use, or any combination of these or other factors, are detrimental to the safety, health, morals, or welfare of the community. “Welfare of the community” does not include solely a loss of property value to surrounding properties, nor does it include the need for increased tax revenues. Under no circumstance shall land used predominantly in the production of agriculture, as defined by § 1-3-105, be considered a blighted area.
  2. As used in this chapter, “dilapidation” means extreme deterioration and decay due to lack of repairs to and care of the area.

Acts 1945, ch. 114, § 2; C. Supp. 1950, § 3647.29N (Williams, § 3647.53); T.C.A. (orig. ed.), § 13-813; Acts 1982, ch. 816, § 1; 2006, ch. 863, §§ 2, 14.

Compiler's Notes. Acts 2006, ch. 863, § 2 purported to add a new subsection (c) with provisions exactly the same as the provisions added as the third sentence of (a) by ch. 863, § 14; therefore, ch. 863, § 2 was not given effect.

Acts 2006, ch. 863, § 25, provided that the amendment by that act shall apply only to eminent domain or condemnation proceedings initiated on or after July 1, 2006.

Cross-References. False statement of financial condition for purposes of occupancy in a housing project, § 39-14-120.

Local neighborhood model development corporations, title 13, ch. 13.

Power and use of eminent domain, title 29, ch. 17, part 1.

Law Reviews.

Property Rights vs. Public Use: Analyzing Tennessee's Response to Kelo Eminent Domain Ruling (Scott Griswold), 43 Tenn B.J. 14 (2007).

The Private Use of Public Power: The Private University and the Power of Eminent Domain; Part Three, Private University Expansion Through Section 112 — A Case Study, IV (formal planning), IX (residents' day in court), 2 Vand. L. Rev. 681, 733, 792.

Attorney General Opinions. Constitutionality of provision exempting agricultural land from consideration as a blighted area, OAG 06-098 (5/26/06), 2006 Tenn. AG LEXIS 107.

NOTES TO DECISIONS

1. Constitutionality.

“Slum clearance law” providing for elimination of blighted areas in the interest of public improvement does not violate Tenn. Const., art. II, § 29 merely because property acquired eventually passes into possession of small portion of the public. Nashville Housing Authority v. Nashville, 192 Tenn. 103, 237 S.W.2d 946, 1951 Tenn. LEXIS 387 (1951).

Acts 1945, ch. 114, was a constitutional enactment. Starr v. Nashville Housing Authority, 145 F. Supp. 498, 1956 U.S. Dist. LEXIS 2631 (D. Tenn. 1956), aff'd, 354 U.S. 916, 77 S. Ct. 1378, 1 L. Ed. 2d 1432, 1957 U.S. LEXIS 664 (U.S. June 17, 1957).

13-20-202. Powers of housing authority as to blighted areas.

  1. Any housing authority now or hereafter established under and pursuant to this chapter, including any municipal housing authority whether created under and pursuant to such law or of any special statute, may carry out any undertaking hereinafter called a “redevelopment project” and to that end may:
    1. Acquire blighted areas;
    2. Acquire other real property for the purpose of removing, preventing, or reducing blight, blighting factors, or the causes of blight;
    3. Acquire real property where the condition of the title, the diverse ownership of the real property to be assembled, the street or lot layouts, or other conditions, prevent a proper development of the property and where the acquisition of the area by the authority is necessary to carry out a redevelopment plan or urban renewal plan;
    4. Acting on its own or through third parties engaged to act on the housing authority's behalf:
      1. Clear any areas acquired, including relocation of utility facilities and demolition, in whole or in part, of buildings and improvements thereon and removal or remediation of any environmental contamination;
      2. Install, construct, or reconstruct streets, utilities, and site improvements essential to the preparation and development of sites for uses in accordance with a redevelopment plan or urban renewal plan;
      3. Install, construct, or reconstruct parks, public open spaces, public playgrounds, pedestrian ways and all parking structures regardless of use in accordance with a redevelopment plan or urban renewal plan;
      4. Pay expenses for relocation, administrative costs, planning and engineering costs, energy efficiency costs and legal expenses associated with exercising the powers granted in this section or with carrying out a redevelopment plan or urban renewal plan;
      5. Pay the design costs, commissioning costs and fees and costs of required documentation associated with meeting the requirements of Leadership in Energy and Environmental Design (LEED), Green Globes or other similar programs, as well as greening costs and energy modeling costs for certification by such programs of new construction, existing buildings and other projects;
      6. Install, construct, add to, improve or reconstruct public infrastructure, including, but not limited to, water, solid waste, transportation, telecommunication, energy use capture and transmittal, power systems and alternative power systems or alternate power projects that incorporate principles of urban sustainability, eco-efficiency and global sustainable development; and
      7. Take all other necessary actions designed to further the goals and local objectives articulated in the redevelopment plan or urban renewal plan, including, but not limited to, the assistance, undertaking, or development of projects that promote affordable rental housing, including mixed-income rental housing, primarily for persons of low and moderate income, as determined by the board of commissioners of the authority. The authority may exercise all powers with respect to such projects in the same manner as mixed-finance projects for persons of low income as provided in part 1 of this chapter;
    5. Sell or lease land so acquired for uses in accordance with the redevelopment plan or urban renewal plan;
    6. Accomplish a combination of the foregoing to carry out a redevelopment plan or urban renewal plan;
    7. Have and enjoy all the rights, powers, privileges and immunities granted to housing authorities under such law, and/or under any special act by which the authority may have been created, and/or any other provisions of law relating to slum clearance and housing projects for persons of low income; and
      1. Borrow money upon its bonds, notes or other evidences of indebtedness to finance any of the foregoing and to carry out a redevelopment plan or urban renewal plan and secure the same by pledges of its income and revenues generally or its income and revenues from a particular redevelopment project or projects, including moneys received by any authority and placed in a special fund or funds pursuant to tax increment financing provisions contained in a redevelopment plan or urban renewal plan, or from grants or contributions from any government, or in any other manner;
      2. Nothing contained in § 13-20-113, § 13-20-413 and/or in any special municipal housing authorities law shall be construed as limiting the power of an authority, in the event of default by a purchaser or lessee of land in a redevelopment plan or urban renewal plan, to acquire property and operate it free from restrictions contained in §§ 13-20-113 and 13-20-413, or in any special statute as aforementioned relating to tenant selection or operation without profit.
  2. For the purposes of this section and the implementation of redevelopment districts as delineated in §§ 13-20-201 — 13-20-205, community development agencies as defined in the Community Development Act of 1974, as amended, of municipalities, will also be considered as housing authorities and will have vested in them the powers as delineated in this section in which housing authority redevelopment powers are vested, as long as public notice required in § 13-20-203 is provided. This subsection (b) applies only in counties with populations greater than eight hundred thousand (800,000), according to the 1990 federal census or any subsequent federal census, and in counties with populations greater than one hundred thirty-four thousand seven hundred (134,700) and less than one hundred thirty-four thousand eight hundred (134,800), according to the 2000 federal census or any subsequent federal census.
  3. For the purposes of this part, a development authority created by private act and designated by a municipality as its housing and redevelopment authority for purposes of this part shall also be considered a housing authority and shall have the power to enter into an economic development agreement as defined in § 4-17-302(2) and the powers delineated in this part, in which housing authority redevelopment powers are vested, as long as public notice required in § 13-20-203 is provided; provided, however, a municipality shall not so designate a development authority if the housing authority, if any, created by the municipality has ever issued any obligations secured by tax increment revenues and in any event such designation shall only be effective if the municipality shall first obtain the written consent of the housing authority, if any, created by the municipality. Any redevelopment plan previously prepared by a development authority created pursuant to any such private act and approved by a municipality shall be deemed authorized by this subsection (c) and shall be deemed a valid redevelopment plan for purposes of this part.

Acts 1945, ch. 114, §§ 2, 3; mod. C. Supp. 1950, § 3647.290 (Williams, §§ 3647.53, 3647.54); Acts 1978, ch. 854, § 2; T.C.A. (orig. ed.), § 13-814; Acts 1998, ch. 619, § 1; 1999, ch. 332, § 1; 2004, ch. 772, § 1; 2005, ch. 352, § 2; 2009, ch. 406, § 1; 2009, ch. 491, § 1; 2010, ch. 1126, § 1; 2020, ch. 609, § 1.

Compiler's Notes. For table of U.S. decennial populations of Tennessee counties, see Volume 13 and its supplement.

For the Preamble to the act regarding the use of sustainable infrastructure, energy efficiency technologies, green building and other modern practices in redevelopment projects, please refer to Acts 2009, ch. 491.

Amendments. The 2020 amendment, in (a)(4)(G), inserted “, including,  but  not limited to,  the assistance, undertaking, or  development of projects that  promote affordable rental housing, including mixed-income rental housing, primarily for  persons of  low  and moderate income, as  determined by  the  board of  commissioners of  the  authority” in the first sentence and added the second sentence.

Effective Dates. Acts 2020, ch. 609, § 2. March 25, 2020.

Law Reviews.

Constitutional Law — Eminent Domain for Slum Clearance — Effect of Sale or Lease of Property to Private Persons for Redevelopment, 5 Vand. L. Rev. 102.

NOTES TO DECISIONS

1. Constitutionality.

“Slum clearance law” placing regulation of acquisition and disposal of property in blighted area in hands of housing authority does not violate Tenn. Const., art. II, §§ 1, 2. Nashville Housing Authority v. Nashville, 192 Tenn. 103, 237 S.W.2d 946, 1951 Tenn. LEXIS 387 (1951).

“Slum clearance law” providing for clearing of “slums” by destruction of old and dilapidated dwellings and old and dilapidated industrial and commercial buildings for purpose of redevelopment is a valid exercise of right of eminent domain under the police power for purpose of removing health, crime, and fire hazards and does not violate Tenn. Const., art. I, §§ 8, 21; art. XI, § 8 or U.S. Const., amend. 14, since acquisition and disposition of property in area is incidental to the primary purpose of the act. Nashville Housing Authority v. Nashville, 192 Tenn. 103, 237 S.W.2d 946, 1951 Tenn. LEXIS 387 (1951).

13-20-203. Conditions precedent to initiation of redevelopment project — Approval by municipality of plan.

    1. This subsection (a) shall apply to counties with a metropolitan form of government and with populations greater than seven hundred seventy thousand (770,000), according to the 1980 federal census or any subsequent federal census.
    2. An authority shall not initiate any redevelopment project under this chapter until the governing body, or agency designated by it or empowered by law so to act, of each city or town, herein called “municipalities,” and any county having a population of not less than two hundred seventy-five thousand (275,000) nor more than three hundred twenty-five thousand (325,000), according to the 1980 federal census or any subsequent federal census, in which any of the area to be covered by the project is situated, has approved a plan, herein called the “redevelopment plan”, which provides an outline for the development or redevelopment of the area and is sufficiently complete, to:
      1. Indicate its relationship to definite local objectives as to appropriate land uses and improved traffic, public transportation, public utilities, recreational and community facilities and other public improvements;
      2. Indicate proposed land uses and building requirements in the area; and
      3. Indicate the method of the temporary relocation of persons living in such areas, and also the method of providing, unless already available, decent, safe and sanitary dwellings substantially equal in number to the number of substandard dwellings to be cleared from the area, at rents within the financial reach of the income groups displaced from such substandard dwellings. Such municipalities are hereby authorized to approve redevelopment plans through their governing body or agency designated by it for that purpose. Any state public body referred to in § 13-20-110 has the rights and powers to cooperate with and assist housing authorities with respect to redevelopment projects in the same manner as though the section were applicable to redevelopment projects.
    3. Any disapproval of any redevelopment project by the governing body of a county as authorized by this section shall, however, be automatically dissolved wherever written agreement duly approved by the governing body of the municipality involved is furnished to the county governing body involved, which agreement shall exempt the county property tax levy and all proceeds from it generated within the redevelopment project from the tax increment financing provisions specified in § 13-20-205(a)(2).
    4. The governing body shall not approve a plan until after a public hearing has been held by the governing body, or agency designated by it or empowered by law so to act, to determine the necessity for the adoption of the plan, including the matters set forth in subdivisions (a)(2)(A)-(C). Notice of such public hearing shall be given in the following manner:
      1. By publishing once a week for three (3) consecutive weeks immediately preceding the public hearing in each newspaper of general circulation published in the municipality notice of the time, place, and purpose of the public hearing, which notice shall include a facsimile of a map of the area to be included in the plan, with the streets or other lines marking the boundaries thereof clearly indicated, and which map shall be not less than four (4) columns in width; and
      2. By written notice to at least one (1) of the owners or at least one (1) of the occupants of each parcel of property within the area to be included within the plan of the time, place and purpose of such public hearing, which notice shall be sent not more than thirty (30) days and not less than ten (10) days before the hearing by mail, postage prepaid, or delivered, to such owners or occupants.
    5. The failure to give the notice required in subdivisions (a)(4)(A) and (B) may be raised only by an owner or occupant having an interest in property within such area as a defense on the trial of the issue of the right of the housing authority to acquire the property of such owner or occupant by eminent domain, and such failure shall constitute a defense unless in the judgment of the court trying such issue there has been compliance with subdivision (a)(4)(A) and substantial compliance with subdivision (a)(4)(B) by mailing or delivering the notice therein provided to at least one (1) owner or one (1) occupant of each of not less than two thirds (2/3) of the lots or parcels of property within such area.
    1. This subsection (b) shall not apply to counties with a metropolitan form of government and with populations greater than seven hundred seventy thousand (770,000), according to the 1980 federal census or any subsequent federal census.
      1. An authority shall not initiate any redevelopment project under this chapter until the governing body, or agency designated by it or empowered by law so to act, of each city or town, hereafter called “municipalities,” in which any of the area to be covered by such project is situated, has approved a plan, herein called the “redevelopment plan,” which provides an outline for the development or redevelopment of such area and is sufficiently complete to:
        1. Indicate its relationship to definite local objectives as to appropriate land uses and improved traffic, public transportation, public utilities, recreational and community facilities and other public improvements;
        2. Indicate proposed land uses and building requirements in the area; and
        3. Indicate the method of the temporary relocation of persons living in such areas, and also the method of providing, unless already available, decent, safe and sanitary dwellings substantially equal in number to the number of substandard dwellings to be cleared from the area, at rents within the financial reach of the income groups displaced from such substandard dwellings.
      2. For any redevelopment plan that includes a tax increment financing provision that is applicable to the county property tax levy, the governing body of any county in which any of the area subject to such redevelopment plan is situated must approve such redevelopment plan.
    2. Any disapproval of any redevelopment project by the governing body of a county as authorized by this section shall, however, be automatically dissolved wherever written agreement duly approved by the governing body of the municipality involved is furnished to the county governing body involved, which agreement shall exempt the county property tax levy, and all proceeds from it generated within the redevelopment project, from the tax increment financing provisions specified in § 13-20-205(a)(2).
    3. The governing body shall not approve a plan until after a public hearing has been held by the governing body, or agency designated by it or empowered by law so to act, to determine the necessity for the adoption of the plan, including the matters set forth in subdivisions (b)(2)(A)(i)-(iii). Notice of such public hearing shall be given in the following manner:
      1. By publishing notice, once a week for three (3) consecutive weeks immediately preceding the public hearing in a newspaper of general circulation published in the municipality, of the time, place, and purpose of the public hearing and identifying at least two (2) locations, one (1) of which shall be the offices of the authority, where a map of the area to be included in the plan, with the streets or other lines marking the boundaries of the area clearly indicated, may be reviewed by interested persons; and
      2. By written notice to at least one (1) of the owners or at least one (1) of the occupants of each parcel of property within the area to be included within the plan of the time, place and purpose of such public hearing, which notice shall be sent not more than thirty (30) days and not less than ten (10) days before the hearing by mail, postage prepaid, or delivered, to such owners or occupants.
    4. The failure to give the notice required in subdivisions (b)(4)(A) and (B) may be raised only by an owner or occupant having an interest in property within such area as a defense on the trial of the issue of the right of the housing authority to acquire the property of such owner or occupant by eminent domain, and such failure shall constitute a defense unless in the judgment of the court trying such issue there has been compliance with subdivision (b)(4)(A) and substantial compliance with subdivision (b)(4)(B) by mailing or delivering the notice therein provided to at least one (1) owner or one (1) occupant of each of not less than two thirds (2/3) of the lots or parcels of property within such area.

Acts 1945, ch. 114, § 4; C. Supp. 1950, § 3647.29P (Williams, § 3647.55); Acts 1963, ch. 225, § 1; T.C.A. (orig. ed.), § 13-815; Acts 1982, ch. 906, §§ 1, 2, 6; 1987, ch. 349, §§ 1, 2, 4, 5; 2006, ch. 999, §§ 5-7.

Compiler's Notes. Portions of this section concerning counties of 275,000 to 325,000 have been held unconstitutional. See Notes To Decisions; Constitutionality; Knoxville's Community Dev. Corp. v. Knox County, 665 S.W.2d 704 (Tenn. 1984).

For table of U.S. decennial populations of Tennessee counties, see Volume 13 and its supplement.

Law Reviews.

The Private Use of Public Power: The Private University and the Power of Eminent Domain; Part Three, Private University Expansion Through Section 112 — A Case Study, IX (residents' day in court), 27 Vand. L. Rev. 681, 792.

NOTES TO DECISIONS

1. Constitutionality.

Acts 1982, ch. 906, concerning approval by governing bodies of counties of 275,000 to 325,000 did not have the reasonable basis required by Tenn. Const., art. XI, § 8, as necessary for a local act to contravene an existing state-wide law of general application and was therefore unconstitutional. Knoxville's Community Dev. Corp. v. Knox County, 665 S.W.2d 704, 1984 Tenn. LEXIS 738 (Tenn. 1984).

2. Amount and Character of Property to be Included in Project.

A housing authority as a redevelopment agency must approach the problem of blighted areas of the community on an area, rather than a structure by structure, basis and it is immaterial that some particular structure within such area may be safe, sound and well-kept. Starr v. Nashville Housing Authority, 145 F. Supp. 498, 1956 U.S. Dist. LEXIS 2631 (D. Tenn. 1956), aff'd, 354 U.S. 916, 77 S. Ct. 1378, 1 L. Ed. 2d 1432, 1957 U.S. LEXIS 664 (U.S. June 17, 1957).

Once the question of public purpose has been determined the amount and character of the land to be taken for the project and the need for a particular tract to complete the integrated plan rests in the discretion of the legislative branch of the government. Starr v. Nashville Housing Authority, 145 F. Supp. 498, 1956 U.S. Dist. LEXIS 2631 (D. Tenn. 1956), aff'd, 354 U.S. 916, 77 S. Ct. 1378, 1 L. Ed. 2d 1432, 1957 U.S. LEXIS 664 (U.S. June 17, 1957).

Action of housing authority in including theater and business buildings in redevelopment area was not arbitrary, capricious or an abuse of discretion even though such buildings were safe, sound and well-kept and even though owners offered to remodel buildings to conform to appearance of buildings to be constructed in the area. Starr v. Nashville Housing Authority, 145 F. Supp. 498, 1956 U.S. Dist. LEXIS 2631 (D. Tenn. 1956), aff'd, 354 U.S. 916, 77 S. Ct. 1378, 1 L. Ed. 2d 1432, 1957 U.S. LEXIS 664 (U.S. June 17, 1957).

The determination of the area to be included in a redevelopment project being within the reasonable discretion of the legislative authorities, the courts will not oversee the choice of boundary lines nor sit in review of the size of a particular project area. Starr v. Nashville Housing Authority, 145 F. Supp. 498, 1956 U.S. Dist. LEXIS 2631 (D. Tenn. 1956), aff'd, 354 U.S. 916, 77 S. Ct. 1378, 1 L. Ed. 2d 1432, 1957 U.S. LEXIS 664 (U.S. June 17, 1957).

3. Public Hearing.

Where several public meetings with prior notice were held prior to and during deliberations by the city council, the Nashville Housing Authority and HUD, and many people came to these meetings, the requirements of this section had been met. Adair v. Nashville Housing Authority, 388 F. Supp. 481, 1974 U.S. Dist. LEXIS 12004 (M.D. Tenn. 1974), aff'd, Gardner v. Nashville Housing Authority of Metropolitan Government, 514 F.2d 38, 1975 U.S. App. LEXIS 15225 (6th Cir. Tenn. 1975).

13-20-204. Disposal and use of land consistent with redevelopment plan — Purchase by owner occupant.

  1. The authority may make land in a redevelopment project available for use by private enterprise or public agencies in accordance with the redevelopment plan. Such land may be made available at its use value, which represents the value, whether expressed in terms of rental or capital price, at which the authority determines such land should be made available in order that it may be developed or redeveloped for the purposes specified in such plan.
    1. To assure that land acquired in a redevelopment project is used in accordance with the redevelopment plan, an authority, upon the sale or lease of such land, shall obligate purchasers or lessees to:
      1. Use the land for the purpose designated in the redevelopment plan;
      2. Begin the building of their improvements within a period of time which the authority fixes as reasonable; or, except in counties having a population of:

        not less than  nor more than

        23,751 23,759

        25,501 25,999

        28,600 28,650

        44,000 45,999

        according to the 1960 federal census or any subsequent federal census, if the purchaser is a public agency which proposes to develop such lands as an industrial park or to meet the needs of specific industrial prospects, carry on a program for attracting industry and develop such land for this purpose when and as needed, in counties of this state having a population of not less than two hundred thirty seven thousand (237,000) nor more than two hundred fifty thousand (250,000), according to the federal census of 1960 or any subsequent federal census; and

      3. Comply with such other conditions as are necessary to carry out the purposes of this chapter.
    2. Any such obligations by the purchaser shall be covenants and conditions running with the land where the authority so stipulates.
    1. As used in this subsection (c):
      1. “Developer” means any private enterprise or public agency developing or redeveloping residential property as provided in this subsection (c);
      2. “Owner occupant” means the person having title to and residing at the residential property at the time it was acquired by eminent domain; and
      3. “Residential units” includes one-family and two-family dwellings and dwelling units as defined in this chapter.
    2. On redevelopment projects developed after June 8, 1989, the authority shall provide the opportunity for owner occupants of residential property acquired by eminent domain for a redevelopment project to relocate within the project area if or at such time as residential units are constructed and offered for sale to the general public as a part of the project. A developer shall publish a notice in a newspaper of general circulation within the county where the project area is located. Such notice shall provide to each owner occupant of residential property acquired by eminent domain for a redevelopment project an offer to relocate within the project area. The notice shall contain a description of the property to be redeveloped. The notice shall contain a name and address to whom the owner occupant may respond to accept the offer. The developer shall also record the notice in the registrar's office. Each owner occupant shall have ninety (90) days from the date of publication to accept the offer contained in the notice. Any acceptance shall be in writing. Any owner occupant who has not responded to the notice before the expiration of the ninety (90) days from publication shall be deemed to have rejected such offer, and any interest therein shall be deemed to be terminated.
    3. This subsection (c) shall apply only if the initial redevelopment project for which such property is acquired is for residential purposes.
    4. No provision of this subsection (c) shall be construed to vest any interest or rights in the heirs or estate of any deceased owner occupant.
    5. This subsection (c) shall not apply to residential units or dwelling units developed under programs limiting income of purchasers to a certain maximum income or other requirements for which the original owner occupant is not eligible.
    6. This subsection (c) shall only apply in counties having a population of not less than four hundred seventy-seven thousand (477,000) nor more than four hundred seventy-eight thousand (478,000), according to the 1980 federal census or any subsequent federal census.

Acts 1945, ch. 114, § 5; C. Supp. 1950, § 3647.29Q (Williams, § 3647.56); Acts 1965, ch. 194, § 1; T.C.A. (orig. ed.), § 13-816; Acts 1989, ch. 570, §§ 1, 2.

Compiler's Notes. For table of U.S. decennial populations of Tennessee counties, see Volume 13 and its supplement.

NOTES TO DECISIONS

1. Condemnation for Resale.

Although courts will not sanction the condemnation of property by a governmental agency for private use, where it was contemplated from the inception of an urban redevelopment project that property within the project would be resold to private concerns for redevelopment, condemnation of property for such resale violated neither this section, Tenn. Const., art. I, § 21, nor U.S. Const., amend. 14. Knoxville's Community Development Corp. v. Wright, 600 S.W.2d 745, 1980 Tenn. App. LEXIS 334 (Tenn. Ct. App. 1980).

13-20-205. Redevelopment plan containing tax increment financing provisions — Allocation of taxes collected — Contents of plan — Tax status of property leased.

  1. Any authority may, and is authorized to, adopt a redevelopment plan or urban renewal plan so that it contains a tax increment financing provision providing that taxes, if any, levied upon property within the boundaries of the redevelopment plan or urban renewal plan each year, by any taxing agency after the effective date of the resolution of the governing body approving the redevelopment plan or urban renewal plan or amendment, shall be divided as follows:
    1. For properties subject to a redevelopment plan or urban renewal plan containing or amended to contain a tax increment financing provision approved prior to July 1, 2006, that portion of the taxes which would be produced by the rate at which the tax is levied each year by each taxing agency, upon the assessed value of such property as shown upon the assessment roll of the appropriate assessor, as of the date of the most recently determined valuation prior to the acquisition of such property by the authority (the assessed value being herein called the “base assessment”) shall be allocated to, and when collected, shall be paid to, the respective taxing agencies as taxes levied by such taxing agencies on all other property are paid; provided, that in any year in which the actual assessment of the area comprising a redevelopment project is less than the base assessment, there shall be allocated and paid to the respective taxing agencies only those taxes actually produced by the application of the current tax rates against such actual assessment. For properties subject to a redevelopment plan or urban renewal plan containing or amended to contain a tax increment financing provision approved after July 1, 2006, the base assessment of the property for purposes of this subdivision (a)(1) shall be determined as of the date of the most recently determined valuation prior to the date on which the redevelopment plan or urban renewal plan or amendment of the plan was approved by the applicable municipality or municipalities pursuant to § 13-20-203;
    2. All the taxes levied in each year in excess of the amount provided for in subdivision (a)(1) shall be allocated to and, when collected, shall be paid into a special fund or funds of the authority to pay the principal of and interest on bonds, loans or other indebtedness incurred or to be incurred by the authority to finance or refinance, in whole or in part, the redevelopment project contemplated by such redevelopment plan;
    3. Upon the retirement of all bonds, loans or other indebtedness incurred by the authority and payable from such special fund or funds or at such time as moneys on deposit in such special fund or funds are sufficient for such purpose, all the taxes referred to in subdivision (a)(2) shall, when collected, be paid to the respective taxing agencies as taxes levied by such taxing agencies on all other property are paid; and
    4. Taxes shall be levied and collected over all or any part of the area comprising a redevelopment project in the manner provided by law with the following exceptions:
      1. The appropriate assessor shall, in each year during the period in which taxes are to be allocated to the authority pursuant to subdivision (a)(2), compute and certify the net amount, if any, by which the then current assessed value of all taxable property located within the redevelopment project which is subject to taxation by the particular taxing agency exceeds the base assessment. The net amount of any such increase is referred to in this subdivision (a)(4) as the incremental value for that particular year;
      2. In any year in which taxes are to be allocated to the authority pursuant to subdivision (a)(2) in which there is an incremental value, the appropriate assessor shall exclude it from the assessed value upon which the appropriate assessor computes the tax rates for taxes levied that year by the taxing agency. However, the appropriate assessor shall extend the aggregate tax rate of such taxes against the base assessment and the incremental value and shall apply the taxes collected therefrom, subject to any other provisions hereof, as provided above; and
      3. For purposes of this section, if in any year property comprising a portion of a particular redevelopment project shall be removed from the tax rolls of a taxing agency, the base assessment for the area of such redevelopment project shall be reduced by the amount of the base assessment allocable to the property so removed for each subsequent year in which taxes are to be allocated to a particular authority pursuant to the above provisions.
    1. If an authority adopts a redevelopment plan or an amendment to an existing plan which includes tax increment financing provisions, such new plan or the existing plan, as so amended, shall describe, in addition to the matters required by § 13-20-203(a)(2)(A)-(C) and (b)(2)(A)(i)-(iii), the following:
      1. An estimate of the cost of the redevelopment project;
      2. The sources of revenue to finance the costs of the project, including the estimated tax increment;
      3. An estimate of the amount and the final maturity of bonded or other indebtedness to be incurred; and
      4. An estimate of the impact of the tax increment financing provision upon all taxing agencies in which the redevelopment project is to be located.
    2. The foregoing information set forth in this subsection (b) shall be made available to the public not less than five (5) days prior to the date set for the public hearing hereinafter required by subsection (c).
    1. Except in counties having a metropolitan form of government or a population greater than seven hundred seventy thousand (770,000), according to the 1980 federal census or any subsequent federal census, no redevelopment plan containing a tax increment financing provision or amendment to an existing plan adding a tax increment financing provision shall be effective unless and until it has been approved by the governing body of the municipality and the governing body of the county affected, following a public hearing as provided in § 13-20-203, except that the approval of the governing body of the county affected shall not be required wherever its disapproval of a redevelopment project has been dissolved as prescribed by  § 13-20-203(b)(3).
    2. The notice of the public hearing shall be given in the manner and shall contain the information required by § 13-20-203 and shall additionally set forth in clear and plain language the contemplated use of tax increment financing in connection with the redevelopment project. Such notice shall also set forth where the information required by subsection (b) may be obtained. Not less than twenty-one (21) days prior to the date set for the public hearing, the governing body shall deliver or mail, postage prepaid, to each taxing agency currently levying taxes upon any property in the project area, and which would be affected by the tax increment financing provision, a copy of the notice of the public hearing, together with a statement that if the redevelopment plan containing a tax increment financing provision or amendment to an existing plan adding a tax increment financing provision is approved, certain property taxes resulting from increases in assessed valuation of property situated within the area included in the plan above the assessed value of such property appearing on the appropriate assessment rolls as last determined prior to the date on which the redevelopment plan or urban renewal plan or amendment of the plan was approved by the applicable municipality or municipalities may be allocated to a special fund or funds of the authority for redevelopment purposes rather than being paid into the treasury of the taxing agency.
  2. The foregoing provisions of subsections (b) and (c) shall not apply to any redevelopment plan or amendment to an existing plan which included a tax increment financing provision and which has been submitted to and approved by the governing body of the municipality, or agency designated by it or empowered by law so to act, in which any of the area to be covered by the redevelopment project is situated pursuant to and in accordance with § 13-20-203 prior to April 11, 1978, and the previously approved redevelopment plan or amendment thereto described above shall not be required to be resubmitted and approved by the governing body or agency pursuant to the additional provision of subsections (b) and (c). The remaining provisions of this section shall be applicable to and govern the previously approved plan and the tax increment financing provision contained in such plan.
  3. After the approval by the governing body of a redevelopment plan containing a tax increment financing provision or an amendment to an existing plan adding a tax increment financing provision, the authority shall transmit to the appropriate assessors of property and to each taxing agency to be affected a copy of the description of all land within the redevelopment area and the date or dates of the approval of the redevelopment plan or amendment to the plan, a copy of the resolution approving the redevelopment plan or approving an amendment to the plan, and a map or plat indicating the boundaries of the property; and taxes shall thereafter, when collected, be allocated and paid in the manner provided in the redevelopment plan or amendment to the plan.
  4. Any property which the authority leases to private individuals or corporations for development under a redevelopment plan and any property which the authority has developed under a redevelopment plan and leases to private individuals or corporations shall have the same tax status as if such leased property were owned by such private individuals or corporations. After June 1, 1997, the foregoing provisions of this subsection (f) shall apply only to property financed with tax increment financing. Prior to June 1, 1997, any property owned, constructed, or improved by the authority which is not financed through tax increment financing shall have the same tax status as all other property owned by the authority.
  5. Notwithstanding anything to the contrary in this section, taxes levied upon property subject to tax increment financing provisions by any taxing agency for the payment of principal of and interest on all bonds, loans or other indebtedness of such taxing agency, and taxes levied by or for the benefit of the state of Tennessee, shall not be subject to allocation as provided in subsection (a), but shall be levied against such property and, when collected, paid to such taxing agency as taxes levied by such taxing agency on all other property are paid and collected.
  6. In the event of any conflict between this section or this chapter and the Uniformity in Tax Increment Financing Act of 2012, compiled in title 9, chapter 23, title 9, chapter 23 shall control.

Acts 1945, ch. 114, § 6; C. Supp. 1950, § 3647.29R (Williams, § 3647.57); Acts 1977, ch. 186, § 1; 1978, ch. 854, § 3; T.C.A. (orig. ed.), § 13-817; Acts 1982, ch. 906, §§ 3, 4, 6; 1987, ch. 349, § 3; 1997, ch. 254, § 1; 2006, ch. 999, §§ 8-11; 2008, ch. 971, § 1; 2009, ch. 406, §§ 2-4; 2012, ch. 605, § 5.

Compiler's Notes. Acts 2012, ch. 605, § 1 provided that the act, which added title 9, ch. 23, amended §§ 7-53-312, 7-53-314 and 13-20-205 and added a section to the CRA Act, which is the Community Redevelopment Act of 1998, as amended, being chapter 987 of the Public Acts of 1998, which act has not been codified, is and may be cited as the “Uniformity in Tax Increment Financing Act of 2012.”

Acts 2012, ch. 605, § 8 provided that the act shall not apply to a plan, or any amendment to such plan, for which required public hearings were conducted prior to March 21, 2012, without the concurrence of the tax increment agency, all affected taxing agencies, and the holders of any indebtedness secured by the tax revenues allocable pursuant to the plan.

Acts 2008, ch. 971, § 1 provided that the code commission is directed to change all references to “tax assessor”, wherever such references appear, to “assessor of property”, as such sections are amended or volumes are replaced. See § 1-1-116.

Section 5 of Acts 1982, ch. 906 provided that the 1982 amendment “shall not apply in any county having a population of not less than 770,000 nor more than 780,000 according to the 1980 federal census of population or any subsequent federal census.”

For table of U.S. decennial populations of Tennessee counties, see Volume 13 and its supplement.

Cross-References. Special fund for repayment of indebtedness on redevelopment projects, § 13-20-614.

NOTES TO DECISIONS

1. Constitutionality.

At least with respect to bonds and similar debt obligations of the taxing entities concerned, the provisions of this section appear to be sufficient to prevent any unconstitutional impairment of the obligation of contract. Metropolitan Development & Housing Agency v. Leech, 591 S.W.2d 427, 1979 Tenn. LEXIS 524 (Tenn. 1979).

Tax increment financing, provided for in the Housing Authorities Law, is not in violation of those parts of Tenn. Const., art. II, §§ 28 and 29, requiring all property be taxed uniformly according to its value because past interpretations of taxing uniformity require only that the tax burden apply equally to all nonexempt property. Metropolitan Development & Housing Agency v. Leech, 591 S.W.2d 427, 1979 Tenn. LEXIS 524 (Tenn. 1979).

The state may direct a county to expend funds for a state purpose, or for a purpose common to the state and the county, without falling afoul of Tenn. Const., art. II, § 29. Metropolitan Development & Housing Agency v. Leech, 591 S.W.2d 427, 1979 Tenn. LEXIS 524 (Tenn. 1979).

Acts 1982, ch. 906, concerning counties of 275,000 to 325,000 did not have the reasonable basis required by Tenn. Const., art. XI, § 8, as necessary for a local act to contravene an existing state-wide law of general application and was therefore unconstitutional. Knoxville's Community Dev. Corp. v. Knox County, 665 S.W.2d 704, 1984 Tenn. LEXIS 738 (Tenn. 1984).

2. Construction.

When this section speaks of allocating a portion of the taxes received from the redeveloped property to the housing authority, it means only that the various taxing entities shall appropriate an amount equal to that specified portion of the taxes received from the subject property to the authority, not that the actual taxes received from that parcel are in any sense to be set aside. Metropolitan Development & Housing Agency v. Leech, 591 S.W.2d 427, 1979 Tenn. LEXIS 524 (Tenn. 1979).

The statute does not require that a given parcel contribute “its” taxes to the housing authority. Metropolitan Development & Housing Agency v. Leech, 591 S.W.2d 427, 1979 Tenn. LEXIS 524 (Tenn. 1979).

3. Taxing Power.

The statutes as amended do not grant the housing authority or the municipality any additional taxing power with respect to the redevelopment property, nor, conversely, do they take such power away from the county. Metropolitan Development & Housing Agency v. Leech, 591 S.W.2d 427, 1979 Tenn. LEXIS 524 (Tenn. 1979).

13-20-206. Authority authorized to obtain financial aid from federal government for redevelopment project.

An authority may borrow money or accept contributions from the federal government to assist in its undertaking redevelopment projects. An authority may do any and all things necessary or desirable to secure such financial aid (including obligating itself in any contract with the federal government for annual contributions to convey to the federal government the project to which the contract relates upon the occurrence of a substantial default thereunder), in the same manner as it may do to secure such aid in connection with slum clearance and housing projects under this chapter.

Acts 1945, ch. 114, § 7; C. Supp. 1950, § 3647.29S (Williams, § 3647.58); T.C.A. (orig. ed.), § 13-818.

Cross-References. Mortgaging, power of, when project financed with aid of government, § 13-20-604.

NOTES TO DECISIONS

1. Contracts With Federal Agencies.

Contract between housing authority and the housing and finance agency, a federal instrumentality, was authorized under the former Housing Act of 1949 (42 U.S.C. §§ 1451-1460) and did not delegate state power to the federal government in violation of U.S. Const., amend. 10. Starr v. Nashville Housing Authority, 145 F. Supp. 498, 1956 U.S. Dist. LEXIS 2631 (D. Tenn. 1956), aff'd, 354 U.S. 916, 77 S. Ct. 1378, 1 L. Ed. 2d 1432, 1957 U.S. LEXIS 664 (U.S. June 17, 1957).

13-20-207. Bonds for redevelopment projects — Security for public deposits and legal investments.

Bonds or other obligations issued by a housing authority in connection with a redevelopment project pursuant to §§ 13-20-20113-20-208 shall be security for public deposits and legal investments to the same extent and for the same persons, institutions, associations, corporations, and other bodies and officers as bonds or other obligations issued pursuant to this chapter, in connection with the development of slum clearance or housing projects.

Acts 1945, ch. 114, § 8; C. Supp. 1950, § 3647.29T (Williams, § 3647.59); T.C.A. (orig. ed.), § 13-819.

Cross-References. Housing authority obligations guaranteed by federal government eligible collateral as security for deposit of funds, § 13-11-112.

13-20-208. Advisory board — Personnel.

For the purpose of coordinating its activities and undertakings under §§ 13-20-20113-20-208 with the needs and undertakings of other local organizations and groups, a housing authority may establish an advisory board consisting of the chair of the authority, who shall be chair of the advisory board, and of sufficient members to represent, so far as practicable, the general public and users of housing, general business interests, real estate, building and home financing interest, labor, any official planning body in the locality, and church and welfare groups. The members of the advisory board shall be appointed by the chair of the authority.

Acts 1945, ch. 114, § 9; C. Supp. 1950, § 3647.29U (Williams, § 3647.60); T.C.A. (orig. ed.), § 13-820.

13-20-209. Conservation and rehabilitation by private enterprise — Findings.

  1. It is hereby found and declared that:
    1. There exist in municipalities of the state slum, blighted, and deteriorated areas which constitute a serious and growing menace, injurious to the public health, safety, morals and welfare of the residents of the state, and the findings and declarations made in § 13-20-201 with respect to slum and blighted areas are hereby affirmed and restated;
    2. Certain slum, blighted, or deteriorated areas, or portions thereof, may require acquisitions and clearance, as provided in this part, since the prevailing condition of decay may make impracticable the reclamation of the area by conservation or rehabilitation, but other areas or portions thereof may, through the means provided in this part, be susceptible of conservation or rehabilitation in such a manner that the conditions and evils hereinbefore enumerated may be eliminated, remedied or prevented, and, to the extent feasible, salvable slum and blighted areas should be conserved and rehabilitated through voluntary action and the regulatory process; and
    3. All powers conferred by this part are for public uses and purposes for which public money may be expended and such other powers exercised, and the necessity in the public interest for this part is hereby declared as a matter of legislative determination.
  2. A municipality, to the greatest extent it determines to be feasible in carrying out this part, shall afford maximum opportunity, consistent with the sound needs of the municipality as a whole, to the rehabilitation or redevelopment of areas by private enterprise.

Acts 1955, ch. 181, § 1; T.C.A., § 13-821.

Cross-References. Findings regarding slums and blighted areas affirmed, § 13-20-301.

13-20-210. Urban renewal projects — Extent of rehabilitation.

In addition to its authority under any other section of this part, an authority is hereby authorized to plan and undertake urban renewal projects. As used in this part, an urban renewal project may include undertakings and activities for the elimination, and for the prevention of the development or spread, of slums or blighted, deteriorated, or deteriorating areas, and may involve any work or undertaking for such purpose constituting a redevelopment project of any rehabilitation or conservation work, or any combination of such undertaking or work. For this purpose, “rehabilitation or conservation work” may include:

  1. Carrying out plans for a program of voluntary or compulsory repair and rehabilitation of buildings or other improvements;
  2. Acquisition of real property and demolition, removal, or rehabilitation of buildings and improvements thereon where necessary to eliminate unhealthy, unsanitary or unsafe conditions, lessen density, reduce traffic hazards, eliminate obsolete or other uses detrimental to the public welfare, or to otherwise remove or prevent the spread of blight or deterioration, or to provide land for needed public facilities;
  3. Installation, construction, or reconstruction of streets, utilities, parks, playgrounds, and other improvements necessary for carrying out the objectives of the urban renewal project; and
  4. The disposition, for uses in accordance with the objectives of the urban renewal project, of any property or part thereof acquired in the area of such project; provided, that such disposition shall be in the manner prescribed in this part for the disposition of property in a redevelopment project area.

Acts 1955, ch. 181, § 1; T.C.A., § 13-822.

13-20-211. Urban renewal plan.

  1. Any urban renewal project undertaken pursuant to § 13-20-210 shall be undertaken in accordance with an urban renewal plan for the area of the project. As used in this part, “urban renewal plan” means a plan, as it exists from time to time, for an urban renewal project, which plan:
    1. Shall conform to the general plan for the municipality as a whole; and
    2. Shall be sufficiently complete to indicate such land acquisition, demolition and removal of structures, redevelopment, improvements, and rehabilitation as may be proposed to be carried out in the area of the urban renewal project, zoning and planning changes, if any, land uses, maximum densities, building requirements, and the plan's relationship to definite local objectives respecting appropriate land uses, improved traffic, public transportation, public utilities, recreational and community facilities, and other public improvements.
  2. An urban renewal plan shall be prepared and approved pursuant to the same procedure as provided in this part with respect to a redevelopment plan.

Acts 1955, ch. 181, § 1; T.C.A., § 13-823.

13-20-212. Powers of authority — Acquiring property — Bond issues.

  1. An authority has all the powers necessary or convenient to undertake and carry out urban renewal plans and urban renewal projects, including the authority to acquire property by eminent domain or purchase, and to dispose of property, to issue bonds and other obligations, to borrow and accept grants from the federal government or other source and to exercise the other powers which this part confers on an authority with respect to redevelopment projects. In connection with the planning and undertaking of any urban renewal plan or urban renewal project, the authority, the municipality, and all public and private officers, agencies, and bodies have all the rights, powers, privileges, and immunities which they have with respect to a redevelopment plan or redevelopment project, in the same manner as though all of the provisions of this part applicable to a redevelopment plan or redevelopment project were applicable to an urban renewal plan or urban renewal project; provided, that for such purpose, “redevelopment” as used in this part, except in this section and in the definition of “redevelopment project” in § 13-20-202, means “urban renewal”; and provided further, that “slum” and “blighted,” as used in this part, except in this section and in the definitions in § 13-20-201, mean “blighted, deteriorated, or deteriorating.” This section shall not change the corporate name of the authority of the short title of this part or amend any section of this part. In addition to the surveys and plans which an authority is otherwise authorized to make, an authority is hereby specifically authorized to make:
    1. Plans for carrying out a program of voluntary repair and rehabilitation of buildings and improvements; and
    2. Plans for the enforcement of laws, codes, and regulations relating to the use of land and the use and occupancy of buildings and improvements, and to the compulsory repair, rehabilitation, demolition, or removal of buildings and improvements.
  2. The authority is authorized to develop, test, and report methods and techniques, and carry out demonstrations and other activities, for the prevention and the elimination of slums and urban blight.
  3. Whenever the power of eminent domain as herein conferred shall be exercised, in estimating the damages, the jury or jury of view, as the case may be, shall give the value of the land or rights taken without deduction, together with incidental damages, if any. Where the removal of furniture, household belongings, fixtures, merchandise, stock in trade, inventories, equipment or machinery is made necessary by the taking, the reasonable expense of such removal shall be considered in assessing incidental damages. The reasonable expense of the removal of such chattels shall be construed as including the cost of: any necessary disconnection, dismantling or disassembling; the loading and drayage to another location not more than ten (10) miles distant; and the reassembling, reconnecting, and installing in such new location. This provision shall only apply when the power of eminent domain is exercised under this section.

Acts 1955, ch. 181, § 1; 1965, ch. 192, § 1; T.C.A., § 13-824.

Law Reviews.

Eminent Domain — Moving Expense — A Condemnor in Tennessee Is Required to Pay Moving Expense for Fixtures and Chattels Upon Condemnation, 2 Mem. St. U.L. Rev. 205.

NOTES TO DECISIONS

1. Fixtures.

A property owner may remove any fixture which the condemnor has not sought by his petition to condemn with the property owner being entitled to the full cost of disassembling, removal and reassembling as provided in this section but not to exceed the cost of replacement. Memphis Housing Authority v. Memphis Steam Laundry-Cleaner, Inc., 225 Tenn. 46, 463 S.W.2d 677, 1971 Tenn. LEXIS 273 (1971).

2. Moving Expenses.

Moving expenses are incidental damages to be paid along with the judgment for the taking and cannot be deferred until the cost of removal has been incurred. Memphis Housing Authority v. Memphis Steam Laundry-Cleaner, Inc., 225 Tenn. 46, 463 S.W.2d 677, 1971 Tenn. LEXIS 273 (1971).

3. Personal Property.

The housing authority could not require personal property by eminent domain. Memphis Housing Authority v. Memphis Steam Laundry-Cleaner, Inc., 225 Tenn. 46, 463 S.W.2d 677, 1971 Tenn. LEXIS 273 (1971).

4. Scope of Powers.

Once the local legislative body approves an urban renewal plan, the local housing authority's power to implement it is as broad as its authority to implement redevelopment plans. KLN Assoc. v. Metro Dev. & Housing Agency, 797 S.W.2d 898, 1990 Tenn. App. LEXIS 551 (Tenn. Ct. App. 1990).

13-20-213. Delegation of powers — Bond issues.

  1. Any municipality or other public body is hereby authorized, without limiting any provision in § 13-20-212, to do any and all things necessary to aid and cooperate in the planning and undertaking of an urban renewal project in the area in which such municipality or public body is authorized to act, including the furnishing of such financial and other assistance as the municipality or public body is authorized by this part to furnish for or in connection with a redevelopment plan or redevelopment project.
    1. An authority is hereby authorized to delegate or assign to a municipality or other public body any or all of the powers or functions of the authority with respect to the planning or undertaking of an urban renewal project or projects in the area in which such municipality or public body is authorized to act, and/or to assign, transfer, and/or convey to any such municipality or public body any or all of its rights with respect to or interest in one (1) or more urban renewal projects, and such municipality or public body is hereby authorized to carry out or perform such powers or functions in the place and stead of the authority.
    2. In addition, for a period commencing on May 22, 1984, and ending eighteen (18) months thereafter, an authority is hereby authorized to delegate or assign to a municipality any or all of the powers or functions of the authority with respect to the financing of an urban renewal project or projects, including, but not limited to:
      1. The issuance of bonds or other obligations for any purpose for which the authority could issue its bonds with respect to any such project or projects;
      2. The assumption of any bonds or other obligations of the authority with respect to any such project or projects;
      3. The issuance of bonds or other obligations for the purpose of refunding any bonds or other obligations issued by the authority or issued or assumed by the municipality pursuant to the delegation and assignment of powers herein contained;
      4. The receipt and collection of those tax revenues described in § 13-20-205(a)(2); and
      5. The pledging of such revenues to the payment of principal of and interest on bonds or other obligations issued by the municipality pursuant to such delegation and assignment.
  2. Upon the expiration of a period commencing on May 22, 1984, and ending eighteen (18) months thereafter, an authority shall no longer have the authority granted herein to delegate or assign any powers or functions relative to financing of urban renewal projects, and no municipality shall have the authority granted herein to issue or assume any bonds or obligations; provided, that the expiration of such authorization shall not invalidate or make unenforceable any bonds or other obligations issued or assumed by a municipality pursuant to any such delegation or assignment by an authority, nor impair the authority of a municipality to issue, as set forth herein, bonds or other obligations to refund any bonds or other obligations issued or assumed by the municipality pursuant to such delegation or assignment, nor impair the obligations of contract of a municipality with respect to any outstanding bonds or other obligations issued or assumed by the municipality pursuant to such assignment and delegation, nor impair the authority of a municipality to receive and collect tax revenues described in § 13-20-205(a)(2) and apply any such revenues to the payment of any such bonds or other obligations. This section does not apply in counties with populations greater than eight hundred thousand (800,000), according to the 1990 federal census or any subsequent federal census.
  3. The delegation or assignment of any of the powers or functions of an authority with respect to any urban renewal projects, including the delegation of powers or functions relative to financing of urban renewal projects during the period hereinabove described, or the assignment, transfer or conveyance of any such projects as provided herein shall not require an amendment to any existing urban renewal plan or plans adopted in connection with any such project or projects.
    1. Notwithstanding [former] §§ 6-57-301 and 6-57-302 or any other provision of law to the contrary, any bonds or other obligations issued or assumed by any municipality pursuant to the delegation and assignment hereinabove described shall be authorized, issued, and sold in accordance with part 6 of this chapter and secured by and payable from such revenues as provided in part 6 of this chapter, which part shall constitute full, complete, and independent authority for the issuance of such bonds or other obligations by the municipality, as fully and with the same power as the authority could have issued such bonds or obligations; provided, that any bonds or other obligations issued by a municipality to refund any bonds or other obligations, other than bond anticipation notes, issued by the authority or issued or assumed by the municipality pursuant to the delegation and assignment hereinabove set forth shall be issued in accordance with title 9, chapter 21. Notwithstanding § 13-20-601, or any other provision of law to the contrary, any such municipality shall be authorized to secure the bonds or other obligations by pledging its full faith and credit and unlimited taxing power to the punctual payment of the principal of and interest on such bonds or obligations.
    2. In the event such pledge of full faith and credit and unlimited taxing power of the municipality is given, prior to the issuance and sale of any such bonds, the municipality shall comply with title 9, chapter 21.
    3. In the event such pledge of full faith and credit and unlimited taxing power of the municipality is given, any holder or holders of the bonds or obligations, including a trustee or trustees for holders of such bonds or obligations, shall have the right, in addition to all other rights, by mandamus or other suit, action or proceeding in any court of competent jurisdiction to enforce such rights of such holder or holders against the municipality, and the governing body of such municipality and any officer, agent or employee thereof, including, but not limited to, the right to require the municipality and the governing body and any proper officer, agent or employee thereof, to assess, levy and collect taxes and other revenues and charges adequate to carry out any agreement as to, or pledge of, such taxes, revenues and charges. The taxes herein authorized to be pledged shall be levied without limit as to rate or amount upon all taxable property within the municipality.
  4. Any public body is hereby authorized to enter into agreements, which may extend over any period, notwithstanding any provision or rule of law to the contrary, with any other public body or bodies respecting action to be taken pursuant to any of the powers granted by this part, including the furnishing of funds or other assistance in connection with an urban renewal plan or urban renewal project.

Acts 1955, ch. 181, § 1; T.C.A., § 13-825; Acts 1984, ch. 747, § 2; 1985, ch. 155, §§ 1, 2; 1989, ch. 403, §§ 1, 2; 1999, ch. 332, § 2.

Compiler's Notes. Acts 1985, ch. 155, § 3 provided that (b)(2) and (c), as codified, were reenacted, revived and reaffirmed in their entirety and amended by chapter 155, and were to be in full force and effect on and after April 8, 1985 until November 22, 1985; and that it was the legislative intent and purpose of chapter 155 to continue the effective period of such provisions and to extend the expiration date of such provisions to November 22, 1985.

Sections 6-57-301 and 6-57-302, referred to in this section, were repealed by Acts 1988, ch. 750, § 10.

For table of U.S. decennial populations of Tennessee counties, see Volume 13 and its supplement.

13-20-214. Development of program by municipality — Authorization.

The governing body of the municipality, or such public officer or public body as it may designate, is hereby authorized to prepare a workable program, which may include an official plan of action, as it exists from time to time for effectively dealing with the problem of urban slums and blighted, deteriorated, or deteriorating areas within the community and for the establishment and preservation of a well-planned community with well-organized residential neighborhoods of decent homes and suitable living environment for adequate family life, for utilizing appropriate private and public resources to eliminate, and prevent the development or spread of, slums and urban blight and deterioration, to encourage needed urban rehabilitation, to provide for the redevelopment of blighted, deteriorated, or slum areas, or to undertake such of the aforementioned activities or other feasible activities as may be suitably employed to achieve the objectives of such a program.

Acts 1955, ch. 181, § 1; T.C.A., § 13-826.

13-20-215. Powers are supplemental.

The powers conferred by §§ 13-20-20913-20-215 shall be in addition and supplemental to the powers conferred by any other law.

Acts 1955, ch. 181, § 2; T.C.A., § 13-827.

Attorney General Opinions. City development of residential real estate, OAG 98-042, 1998 Tenn. AG LEXIS 42 (2/17/98).

13-20-216. Notice to property owner of proposed acquisition.

  1. Whenever the acquisition of any real property in a designated blighted area is proposed and is predicated solely upon the findings that the structure or structures involved are dilapidated and are in violation of the applicable building and housing codes, the owner of the property shall be notified of the planned acquisition by certified mail to the owner's latest address of record, and the owner shall be accorded a reasonable time, in no case less than ninety (90) days from the date of the notice, to bring the substandard structure into compliance with such codes.
  2. This section shall not apply in any county having a metropolitan form of government or in any county with a population of:

    not less than  nor more than

    6,125  6,225

    14,925 14,940

    15,675   15,775

    56,000  56,100

    85,725  85,825

    287,700 287,800

    700,001

    according to the 1980 federal census or any subsequent federal census.

Acts 1982, ch. 816, §§ 3-7.

Compiler's Notes. For table of U.S. decennial populations of Tennessee counties, see Volume 13 and its supplement.

13-20-217. Airport noise mitigation programs.

  1. Notwithstanding any law to the contrary, in addition to those powers specified in this chapter, any municipal housing authority exercising any of the powers specified in this chapter is hereby authorized to enter into cooperative agreements, with any county with a metropolitan form of government which adopts an airport noise mitigation program pursuant to § 7-3-313, to implement or administer the airport noise mitigation program or any portion thereof.
  2. No state funds shall be obligated or expended to implement this section.

Acts 1991, ch. 500, §§ 2, 3.

Part 3
Relocation of Utility Facilities

13-20-301. Findings and declarations.

  1. The findings and declarations made in § 13-20-209, with respect to slum, blighted, and deteriorated areas, are hereby affirmed and restated.
  2. Redevelopment and urban renewal project areas include streets, alleys, easements, and other public ways in, under, and over which utility facilities are installed. Public streets and alleys are intended for public travel and transportation; but they are also intended for proper utility uses in serving the public, as authorized by applicable laws of this state, and such utility usage is for the benefit of the public served. Without making use of public ways, utility lines could not reach or economically service the adjacent public, particularly in urban areas; and further:
    1. The business and activities of utilities involve the rendition of essential public services vital to the health, safety and welfare of the citizens of this state;
    2. The development and existence of utilities directly and vitally affects the development, growth, and expansion of the general welfare, business and industry of this state; and
    3. All persons in this state are actual or potential customers of one (1) or more utility services, and all consumers will be affected by the cost of relocation of their facilities as necessary to accommodate redevelopment and urban renewal projects.
  3. The obligation of such utility relocation is a burden on the public of this state and it is, therefore, in the public interest that such burden be minimized consistent with the purpose of such redevelopment and urban renewal project; therefore, it is the intent of the general assembly to ensure that the police power of the state in requiring relocation of utilities be exercised in a responsible manner.
  4. The cost of utility relocation necessitated by redevelopment and urban renewal projects undertaken in accordance with §§ 13-20-101 — 13-20-215, and any amendments thereto, are properly a part of the cost of such projects, and it is in the public interest to provide for the equitable reimbursement of such cost of relocation; therefore, such relocation cost shall be included as part of the project costs of such redevelopment and urban renewal projects.
  5. The statements in this section are legislative determinations and declarations of public policy, and this part should be liberally construed in conformity with its declaration and provisions to promote the public interest.

Acts 1971, ch. 191, § 1; T.C.A., § 13-828.

NOTES TO DECISIONS

1. Constitutionality.

This part cannot be held to impair the contracts of the metropolitan development and housing agency, as an agency created by the state cannot claim the constitutional protection of the contract clause against the alleged impairment of those contracts by the state. Metropolitan Development & Housing Agency v. South Cent. Bell Tel. Co., 562 S.W.2d 438, 1977 Tenn. App. LEXIS 259 (Tenn. Ct. App. 1977).

13-20-302. Part definitions.

As used in this part, unless the context otherwise requires:

  1. “Cost of relocation” means the entire amount paid properly attributable to such relocation, after deducting therefrom any increase in the value of the new facility and any salvage value derived from the old facility;
  2. “Public service facility” means any sewer, pipe, main, conduit, manhole, cable, wire, pole, tower, building, or utility appliance owned or operated by a utility;
  3. “Relocation” means any horizontal or vertical movement of utility facilities intact and any protective measures taken or the construction of new or additional facilities, with or without contemporaneous removal and salvage of old facilities, including removal, readjustment, rerouting, or changing the grade of or alternating the construction of any public service facility, either temporarily or permanently, whether or not such relocation is made necessary by the closing of any highway, street, public alley or public right-of-way or the taking of easements whether publicly or privately owned; and
  4. “Utility” includes all utilities either public, private, or cooperatively owned which furnish utility service including, but not limited to, water, electric power, sanitary sewers, storm sewers, steam power, gas, and telephone or telegraph service, through a system of pipes, conduits, cables, or wires devoted to public utility service.

Acts 1971, ch. 191, § 2; T.C.A., § 13-829.

13-20-303. Reimbursement of cost of moving utility facilities.

Whenever a municipality, housing authority, or other public body of this state determines that the relocation of public service facilities of a utility within a redevelopment or urban renewal project area is necessary to the carrying out of a redevelopment or urban renewal plan pursuant to this chapter, the municipality, housing authority, or other public body shall reimburse the utility for the cost of relocation of such facilities.

Acts 1971, ch. 191, § 3; T.C.A., § 13-830.

Compiler's Notes. This section may be affected by § 9-1-116, concerning entitlement to funds, absent appropriation.

Textbooks. Tennessee Jurisprudence, 19 Tenn. Juris., Municipal Corporations, § 2.

NOTES TO DECISIONS

1. Scope.

This section is not limited to those redevelopment projects which are assigned to and carried out by a housing authority. South Cent. Bell Tel. Co. v. Chattanooga, 578 S.W.2d 950, 1978 Tenn. App. LEXIS 331 (Tenn. Ct. App. 1978).

The reimbursement provision contained in T.C.A. § 13-20-303 required plaintiff municipality, and not defendant telephone company, to pay the costs associated with relocating the telephone company's lines and facilities in order to accommodate the excavation and construction of a public parking garage and park. Metro. Gov't of Nashville v. Bellsouth Telcomms., Inc., 502 F. Supp. 2d 747, 2007 U.S. Dist. LEXIS 51454 (M.D. Tenn. July 13, 2007).

13-20-304. Exceptions.

This part shall not apply to any taking or damaging of property for which the utility is entitled compensation pursuant to the constitution of Tennessee or the United States, or pursuant to any binding agreement inuring to the utility's benefit.

Acts 1971, ch. 191, § 4; T.C.A., § 13-831.

Part 4
City Housing Authorities

13-20-401. Petition for creation of authority — Notice.

  1. Any twenty-five (25) residents of a city, and of the area within ten (10) miles from the territorial boundaries thereof, may file a petition with the city clerk setting forth that there is a need for an authority to function in the city and the surrounding area.
  2. Upon the filing of such a petition, the city clerk shall give notice of the time, place, and purposes of a public hearing at which the council will determine the need for an authority in the city and the surrounding area.
  3. Such notice shall be given at the city's expense by publishing a notice, at least ten (10) days preceding the day on which the hearing is to be held, in a newspaper having a general circulation in the city and the surrounding area, or, if there is no such newspaper, by posting such notice in at least three (3) public places within the city, at least ten (10) days preceding the day on which the hearing is to be held.

Acts 1935 (Ex. Sess.), ch. 20, § 4; C. Supp. 1950, § 3647.3 (Williams, § 3647.4); T.C.A. (orig. ed.), § 13-901.

Law Reviews.

The Private Use of Public Power: The Private University and the Power of Eminent Domain; Part Three, Private University Expansion Through Section 112 — A Case Study, 27 Vand. L. Rev. 681, 719.

Attorney General Opinions. City housing authority as governmental entity under Tort Liability Act, OAG 97-072, 1997 Tenn. AG LEXIS 71 (5/19/97).

13-20-402. Hearing — Determination.

  1. Upon the date fixed for the hearing held upon notice as provided in § 13-20-401, an opportunity to be heard shall be granted to all residents and taxpayers of the city and the surrounding area and to all other interested persons.
    1. After such a hearing, the council shall determine:
      1. Whether unsanitary or unsafe inhabited dwelling accommodations exist in the city and the surrounding area; and/or
      2. Whether there is a lack of safe or sanitary dwelling accommodations in the city and the surrounding area available for all the inhabitants of such city or area. In determining whether dwelling accommodations are unsafe or unsanitary, the council shall take into consideration the following:
        1. The physical condition and age of the building;
        2. The degree of overcrowding;
        3. The percentage of land coverage;
        4. The light and air available to the inhabitants of such dwelling accommodations;
        5. The size and arrangement of the rooms;
        6. The sanitary facilities; and
        7. The extent to which conditions exist in such buildings which endanger life or property by fire or other causes.
    2. If it shall determine that either or both of the above enumerated conditions exist, the council shall adopt a resolution so finding, which need not go into any detail other than the mere finding, and shall cause notice of such determination to be given to the mayor who shall thereupon appoint, as hereinafter provided, five (5) commissioners to act as an authority.

Acts 1935 (Ex. Sess.), ch. 20, § 4; C. Supp. 1950, § 3647.3 (Williams, § 3647.4); T.C.A. (orig. ed.), § 13-902.