Official Summary Text
COUNTY ZONING
Required Training of Board Members
Present law requires each board of
zoning appeals member, within one year of initial appointment and each calendar year thereafter, to attend a minimum of four hours of training and continuing education in land use planning; zoning; flood plain management; transportation; community facilit
i
es; 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. Beginning July 1, 2025, this bill adds that property rights and constitutional rights are also included in this list of training and continuing education topics.
Present law authorizes the legislativ
e body of the county to, at any time, opt out of training requirements provided above by passage of a resolution. Any such legislative body that has opted out may, at a later date, opt in by passage of a resolution. This bill removes this authority.
Ru
les
Present law authorizes the county legislative body to 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 must not be inconsistent with state
law. The board may adopt supplemental rules of procedure, not inconsistent with such provisions or general rules. Supplemental rules of procedure may address, but are not limited to, the following: (i) maintenance of a record of the board's resolutions,
transactions, motions and actions, which is a public record; (ii) election from its membership of a chair and other officers as the board deems necessary; and (iii) the inclusion of statements of reasons for the board's actions as part of each motion or
a
ction, including such findings of fact and statements of material evidence as the board may deem pertinent.
This bill requires, instead of authorizes, the county legislative body to so provide and specify such matters in its general rules. This bill req
uires general and supplemental rules of procedure to address the matters described above in (i)-(iii). Additionally, the presentation of relevant proof by parties to the proceedings must also be so addressed.
Notice of Right to Appeal Decisions
This b
ill requires building commissioners and other administrative officials who grant or deny building permits to inform, in writing, the person receiving the grant or denial of the person's right to appeal to the board of zoning appeals. When issuing a decis
i
on of the board of zoning appeals, the board must inform, in writing, the parties to the proceeding of their right to seek judicial review of the board's decision pursuant to state law.
MUNICIPAL ZONING
Training
Present law requires each board of
zoning appeals member to, within one year of initial appointment and each calendar year thereafter, attend a minimum of four hours of training and continuing education, including, but not limited to: land use planning; zoning; flood plain management; tran
s
portation; 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. This bill adds property rights and constitutional rights to the list of subjects for training and continuing education.
Present law authorizes the legislative body of a m
unicipality to, at any time, opt out of this educational requirement by passage of an ordinance. Any such legislative body that has opted out may, at a later date, opt in by passage of an ordinance. This bill removes this authority.
Rules
Present law
authorizes the chief legislative body to 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 must not be inconsistent with state law, and the
b
oard of appeals may adopt supplemental rules of procedure, not inconsistent with this part and state law or such general rules. The supplemental rules of procedure may address, but are not limited to, the following: (i) maintenance of a record of the boa
r
d's resolutions, transactions, motions and actions, which shall be a public record; (ii) election from its membership of a chair and other officers as the board deems necessary; and (iii) the inclusion of statements of reasons for the board's actions as p
a
rt of each motion or action, including such findings of fact and statements of material evidence as the board may deem pertinent.
This bill requires, instead of authorizes, the chief legislative body to so provide and specify such matters in its genera
l rules. This bill requires, instead of authorizes, general and supplemental rules of procedure to address the matters described above in (i)-(iii). Additionally, the presentation of relevant proof by parties to the proceedings must also be so addressed.
Notice of Right to Appeal Decisions
This bill requires building commissioners and other administrative officials who grant or deny building permits to inform, in writing, the person receiving the grant or denial of the person's right to appeal to the
board of zoning appeals. Additionally, the board must inform, in writing, the parties to the proceeding of their right to seek judicial review of the board's decision state law when issuing a decision of the board of zoning appeals.
ON MARCH 31, 2025, T
HE SENATE ADOPTED AMENDMENT #1 AND PASSED SENATE BILL 365, AS AMENDED.
AMENDMENT #1 revises the provisions in the bill relative to the general and supplemental rules of procedure of the county legislative body and the chief legislative body of a municipa
lity to, instead:
R
equire
such rules to require
(i) maintenance of a record of the board's proceedings, including resolutions, transactions, motions, and actions, which are public records;
(ii) election from its membership of a chair and other officers as the board deems necessary; and
(iii) the presentation of relevant proof by parties to the proceedings
.
Authorize such rules to
address 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.
Current Bill Text
Read the full stored bill text
SENATE BILL 365
By Briggs
HOUSE BILL 317
By Rudd
HB0317
000634
- 1 -
AN ACT to amend Tennessee Code Annotated, Title 13,
Chapter 7, relative to zoning.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Section 13-7-106(b)(5), is amended by
adding the language "property rights; constitutional rights;" immediately after the language
"public hearing procedure;".
SECTION 2. Tennessee Code Annotated, Section 13-7-106(b)(9), is amended by
deleting the subdivision.
SECTION 3. Tennessee Code Annotated, Section 13-7-107(a), is amended by deleting
the subsection and substituting instead:
(a)
(1) The county legislative body shall 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 this part or such general
rules.
(2) The general and supplemental rules of procedure shall require:
(A) Maintenance of a record of the board's proceedings, including
resolutions, transactions, motions, and actions, which are public records;
(B) Election from its membership of a chair and other officers as the
board deems necessary;
- 2 - 000634
(C) The inclusion of written statements of reasons for the board's actions
as part of each motion, action, and decision, including such findings of fact and
statements of material evidence as the board may deem pertinent; and
(D) The presentation of relevant proof by parties to the proceedings.
SECTION 4. Tennessee Code Annotated, Section 13-7-108, is amended by designating
the existing language as subsection (a) and adding the following as a new subsection (b):
(b) Building commissioners and other administrative officials who grant or deny
building permits shall inform, in writing, the person receiving the grant or denial of the
person's right to appeal to the board of zoning appeals.
SECTION 5. Tennessee Code Annotated, Section 13-7-109, is amended by designating
the existing language as subsection (a) and adding the following as a new subsection (b):
(b) When issuing a decision of the board of zoning appeals, the board shall
inform, in writing, the parties to the proceeding of their right to seek judicial review of the
board's decision pursuant to title 27, chapter 9.
SECTION 6. Tennessee Code Annotated, Section 13-7-205(b), is amended by deleting
the subsection and substituting instead:
(b)
(1) The chief legislative body shall 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 or part 3 of this
chapter, and the board may adopt supplemental rules of procedure, not inconsistent with
this part or part 3 of this chapter or such general rules.
(2) The general and supplemental rules of procedure shall require:
(A) Maintenance of a record of the board's proceedings, including
resolutions, transactions, motions, and actions, which are public records;
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(B) Election from its membership of a chair and other officers as the
board deems necessary;
(C) The inclusion of written statements of reasons for the board's actions
as part of each motion, action, and decision, including such findings of fact and
statements of material evidence as the board may deem pertinent; and
(D) The presentation of relevant proof by parties to the proceedings.
SECTION 7. Tennessee Code Annotated, Section 13-7-205(c)(5), is amended by
adding the language "property rights; constitutional rights;" immediately after the language
"public hearing procedure;".
SECTION 8. Tennessee Code Annotated, Section 13-7-205(c)(9), is amended by
deleting the subdivision.
SECTION 9. Tennessee Code Annotated, Section 13-7-206, is amended by adding the
following as a new subsection:
(c) Building commissioners and other administrative officials who grant or deny
building permits shall inform, in writing, the person receiving the grant or denial of the
person's right to appeal to the board of zoning appeals.
SECTION 10. Tennessee Code Annotated, Section 13-7-207, is amended by
designating the existing language as subsection (a) and adding the following as a new
subsection (b):
(b) When issuing a decision of the board of zoning appeals, the board shall
inform, in writing, the parties to the proceeding of their right to seek judicial review of the
board's decision pursuant to title 27, chapter 9.
SECTION 11. This act takes effect July 1, 2025, the public welfare requiring it.