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;
- 3 - 000634
(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.