Zoning

AN ACT to amend Tennessee Code Annotated, Title 5; Title 6; Title 7 and Title 13, relative to zoning.

Healthcare Housing Land

Did Not Pass

The latest official action shows that this bill did not move forward in that session.

Sponsor: Clemmons, Briggs
Last action: 2025-02-12
Official status: Failed in s/c Cities & Counties Subcommittee of State & Local Government Committee
Effective date: Not listed

Plain English Breakdown

Checked against official source text during the last sync.

Zoning Rules for Flood Prone Areas

This bill prohibits correctional facilities, hospitals, and nursing homes from being built in designated 100-year flood plains.

What This Bill Does

Prohibits new construction of correctional facilities, hospitals, or nursing homes in designated 100-year flood plains starting July 1, 2025.
Prevents existing facilities within a 100-year flood plain from being used again as correctional facilities, hospitals, or nursing homes if they have been closed or repurposed.
Requires all access and necessary functional components of new additions to existing facilities in a flood plain to be built above the designated flood level.

Who It Names or Affects

Counties and municipalities considering construction permits for these types of buildings after July 1, 2025.
Facilities like correctional centers, hospitals, and nursing homes located in or planning to be built in designated flood plains.

Terms To Know

Correctional facility: A place that houses inmates under the jurisdiction of the state's corrections department, including both public and private facilities.
100-year flood plain: An area likely to be flooded by water levels expected once every 100 years, based on maps approved or promulgated by the U.S. Department of Housing and Urban Development.

Limits and Unknowns

The bill did not pass in its current session.
It only applies to construction permits submitted after July 1, 2025.

Bill History

2025-02-12 Tennessee General Assembly
Failed in s/c Cities & Counties Subcommittee of State & Local Government Committee
2025-02-12 Tennessee General Assembly
Passed on Second Consideration, refer to Senate State and Local Government Committee
2025-02-10 Tennessee General Assembly
Introduced, Passed on First Consideration
2025-02-05 Tennessee General Assembly
Placed on s/c cal Cities & Counties Subcommittee for 2/12/2025
2025-02-03 Tennessee General Assembly
Assigned to s/c Cities & Counties Subcommittee
2025-02-03 Tennessee General Assembly
P2C, ref. to State & Local Government Committee
2025-01-28 Tennessee General Assembly
Filed for introduction
2025-01-27 Tennessee General Assembly
Intro., P1C.
2025-01-21 Tennessee General Assembly
Filed for introduction

Official Summary Text

For counties and municipalities considering
applications for construction permits submitted on or after
July 1, 2025, this bill (i) prohibits a
correctional facility, hospital, or nursing home
("facility") from being
constructed in a designated
100
-year flood plain;
(ii) prohibits an
existing facility or a portion of an existing facility located in a designated
100
-year flood plain that was previously licensed as a correctional facility, hospital, or nursing home but h
as been vacated or used for other purposes
from
subsequently be
ing
licensed as a correctional facility, hospital, or nursing home; and
(iii) requires all
access and required functional facility components be constructed above the designated
100
-year flood
plain in a new addition to an existing facility located in such a flood plain.

This bill clarifies that (i) "correctional facility" includes
privately and state managed correctional facilities;
(ii) "hospital" means
an institution that has been licensed,
certified, or approved by the health facilities commission of the department of health as a hospital;
and (iii) "nursing home"
means a licensed nursing home, assisted care living facility, or any other
establishment
approved by the board for licensing hea
lth care facilities of the department of health as a nursing home, and includes any independent living facility on the same property as a licensed nursing home, assisted care living facility, or home for the aged
.

Current Bill Text

Read the full stored bill text

SENATE BILL 360
By Briggs

HOUSE BILL 293
By Clemmons

HB0293
001885
- 1 -

AN ACT to amend Tennessee Code Annotated, Title 5;
Title 6; Title 7 and Title 13, relative to zoning.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Title 13, Chapter 7, Part 1, is amended by
adding the following as a new section:
(a) As used in this section:
(1) "Correctional facility" means a facility or institution that houses an
inmate population under the jurisdiction of the department of correction, including
privately and state managed correctional facilities;
(2) "County" means a county or metropolitan form of government,
including any consolidated government established pursuant to the power
granted by the Constitution of Tennessee, Article XI, § 9;
(3) "Facility" means a correctional facility, hospital, or nursing home;
(4) "Hospital" means an institution that has been licensed, certified, or
approved by the health facilities commission of the department of health as a
hospital;
(5) "Nursing home" means a licensed nursing home, assisted care living
facility, or any other facility approved by the board for licensing health care
facilities of the department of health as a nursing home, and includes any
independent living facility on the same property as a licensed nursing home,
assisted care living facility, or home for the aged; and

- 2 - 001885

(6) "One hundred-year flood plain" means the one-hundred-year
floodway and that maximum area of land that is likely to be flooded by a one-
hundred-year flood shown on flood plain maps approved or promulgated by the
United States department of housing and urban development.
(b) Notwithstanding the delegation of zoning authority to counties in this part to
the contrary:
(1) No facility shall be constructed in a designated one hundred-year
flood plain;
(2) No existing facility or a portion of an existing facility located in a
designated one-hundred-year flood plain that was previously licensed as a
correctional facility, hospital, or nursing home but has been vacated or used for
other purposes may subsequently be licensed as a correctional facility, hospital,
or nursing home; and
(3) All access and required functional facility components shall be
constructed above the designated one hundred-year flood plain in a new addition
to an existing facility located in such a flood plain.
SECTION 2. Tennessee Code Annotated, Title 13, Chapter 7, Part 2, is amended by
adding the following as a new section:
(a) As used in this section:
(1) "Correctional facility" means a facility or institution that houses an
inmate population under the jurisdiction of the department of correction, including
privately and state managed correctional facilities;
(2) "Facility" means a correctional facility, hospital, or nursing home;

- 3 - 001885

(3) "Hospital" means an institution that has been licensed, certified, or
approved by the health facilities commission of the department of health as a
hospital;
(4) "Municipality" means and includes any city or town organized and
operating under the general or special laws of the state;
(5) "Nursing home" means a licensed nursing home, assisted care living
facility, or any other facility approved by the board for licensing health care
facilities of the department of health as a nursing home, and includes any
independent living facility on the same property as a licensed nursing home,
assisted care living facility, or home for the aged; and
(6) "One hundred-year flood plain" means the one-hundred-year
floodway and that maximum area of land that is likely to be flooded by a one-
hundred-year flood shown on flood plain maps approved or promulgated by the
United States department of housing and urban development.
(b) Notwithstanding the delegation of zoning authority to municipalities in this
part to the contrary:
(1) No facility shall be constructed in a designated one hundred-year
flood plain;
(2) No existing facility or a portion of an existing facility located in a
designated one-hundred-year flood plain that was previously licensed as a
correctional facility, hospital, or nursing home but has been vacated or used for
other purposes may subsequently be licensed as a correctional facility, hospital,
or nursing home; and

- 4 - 001885

(3) All access and required functional facility components shall be
constructed above the designated one hundred-year flood plain in a new addition
to an existing facility located in such a flood plain.
SECTION 3. This act takes effect July 1, 2025, the public welfare requiring it, and
applies to all applications for construction permits submitted on or after such date.