Tennessee 2025-2026 Regular Session

Tennessee House Bill HB0317 Compare Versions

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2-SENATE BILL 365
3- By Briggs
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54 HOUSE BILL 317
65 By Rudd
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98 HB0317
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1211
1312 AN ACT to amend Tennessee Code Annotated, Title 13,
1413 Chapter 7, relative to zoning.
1514
1615 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
1716 SECTION 1. Tennessee Code Annotated, Section 13-7-106(b)(5), is amended by
1817 adding the language "property rights; constitutional rights;" immediately after the language
1918 "public hearing procedure;".
2019 SECTION 2. Tennessee Code Annotated, Section 13-7-106(b)(9), is amended by
2120 deleting the subdivision.
2221 SECTION 3. Tennessee Code Annotated, Section 13-7-107(a), is amended by deleting
2322 the subsection and substituting instead:
2423 (a)
2524 (1) The county legislative body shall provide and specify, in its zoning or other
2625 ordinance, general rules to govern the organization, procedure, and jurisdiction of the
2726 board of appeals, which rules shall not be inconsistent with this part, and the board may
2827 adopt supplemental rules of procedure, not inconsistent with this part or such general
2928 rules.
3029 (2) The general and supplemental rules of procedure shall require:
3130 (A) Maintenance of a record of the board's proceedings, including
3231 resolutions, transactions, motions, and actions, which are public records;
3332 (B) Election from its membership of a chair and other officers as the
3433 board deems necessary;
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3938 (C) The inclusion of written statements of reasons for the board's actions
4039 as part of each motion, action, and decision, including such findings of fact and
4140 statements of material evidence as the board may deem pertinent; and
4241 (D) The presentation of relevant proof by parties to the proceedings.
4342 SECTION 4. Tennessee Code Annotated, Section 13-7-108, is amended by designating
4443 the existing language as subsection (a) and adding the following as a new subsection (b):
4544 (b) Building commissioners and other administrative officials who grant or deny
4645 building permits shall inform, in writing, the person receiving the grant or denial of the
4746 person's right to appeal to the board of zoning appeals.
4847 SECTION 5. Tennessee Code Annotated, Section 13-7-109, is amended by designating
4948 the existing language as subsection (a) and adding the following as a new subsection (b):
5049 (b) When issuing a decision of the board of zoning appeals, the board shall
5150 inform, in writing, the parties to the proceeding of their right to seek judicial review of the
5251 board's decision pursuant to title 27, chapter 9.
5352 SECTION 6. Tennessee Code Annotated, Section 13-7-205(b), is amended by deleting
5453 the subsection and substituting instead:
5554 (b)
5655 (1) The chief legislative body shall provide and specify, in its zoning or other
5756 ordinance, general rules to govern the organization, procedure, and jurisdiction of the
5857 board of appeals, which rules shall not be inconsistent with this part or part 3 of this
5958 chapter, and the board may adopt supplemental rules of procedure, not inconsistent with
6059 this part or part 3 of this chapter or such general rules.
6160 (2) The general and supplemental rules of procedure shall require:
6261 (A) Maintenance of a record of the board's proceedings, including
6362 resolutions, transactions, motions, and actions, which are public records;
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6867 (B) Election from its membership of a chair and other officers as the
6968 board deems necessary;
7069 (C) The inclusion of written statements of reasons for the board's actions
7170 as part of each motion, action, and decision, including such findings of fact and
7271 statements of material evidence as the board may deem pertinent; and
7372 (D) The presentation of relevant proof by parties to the proceedings.
7473 SECTION 7. Tennessee Code Annotated, Section 13-7-205(c)(5), is amended by
7574 adding the language "property rights; constitutional rights;" immediately after the language
7675 "public hearing procedure;".
7776 SECTION 8. Tennessee Code Annotated, Section 13-7-205(c)(9), is amended by
7877 deleting the subdivision.
7978 SECTION 9. Tennessee Code Annotated, Section 13-7-206, is amended by adding the
8079 following as a new subsection:
8180 (c) Building commissioners and other administrative officials who grant or deny
8281 building permits shall inform, in writing, the person receiving the grant or denial of the
8382 person's right to appeal to the board of zoning appeals.
8483 SECTION 10. Tennessee Code Annotated, Section 13-7-207, is amended by
8584 designating the existing language as subsection (a) and adding the following as a new
8685 subsection (b):
8786 (b) When issuing a decision of the board of zoning appeals, the board shall
8887 inform, in writing, the parties to the proceeding of their right to seek judicial review of the
8988 board's decision pursuant to title 27, chapter 9.
9089 SECTION 11. This act takes effect July 1, 2025, the public welfare requiring it.