Tennessee 2025-2026 Regular Session

Tennessee Senate Bill SB0360 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2	HOUSE BILL 293
3	3	By Clemmons
4	4
5	5	SENATE BILL 360
6	6	By Briggs
7	7
8	8
9	9	SB0360
10	10	001885
11	11	- 1 -
12	12
13	13	AN ACT to amend Tennessee Code Annotated, Title 5;
14	14	Title 6; Title 7 and Title 13, relative to zoning.
15	15
16	16	BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
17	17	SECTION 1. Tennessee Code Annotated, Title 13, Chapter 7, Part 1, is amended by
18	18	adding the following as a new section:
19	19	(a) As used in this section:
20	20	(1) "Correctional facility" means a facility or institution that houses an
21	21	inmate population under the jurisdiction of the department of correction, including
22	22	privately and state managed correctional facilities;
23	23	(2) "County" means a county or metropolitan form of government,
24	24	including any consolidated government established pursuant to the power
25	25	granted by the Constitution of Tennessee, Article XI, § 9;
26	26	(3) "Facility" means a correctional facility, hospital, or nursing home;
27	27	(4) "Hospital" means an institution that has been licensed, certified, or
28	28	approved by the health facilities commission of the department of health as a
29	29	hospital;
30	30	(5) "Nursing home" means a licensed nursing home, assisted care living
31	31	facility, or any other facility approved by the board for licensing health care
32	32	facilities of the department of health as a nursing home, and includes any
33	33	independent living facility on the same property as a licensed nursing home,
34	34	assisted care living facility, or home for the aged; and
35	35
36	36
37	37	- 2 - 001885
38	38
39	39	(6) "One hundred-year flood plain" means the one-hundred-year
40	40	floodway and that maximum area of land that is likely to be flooded by a one-
41	41	hundred-year flood shown on flood plain maps approved or promulgated by the
42	42	United States department of housing and urban development.
43	43	(b) Notwithstanding the delegation of zoning authority to counties in this part to
44	44	the contrary:
45	45	(1) No facility shall be constructed in a designated one hundred-year
46	46	flood plain;
47	47	(2) No existing facility or a portion of an existing facility located in a
48	48	designated one-hundred-year flood plain that was previously licensed as a
49	49	correctional facility, hospital, or nursing home but has been vacated or used for
50	50	other purposes may subsequently be licensed as a correctional facility, hospital,
51	51	or nursing home; and
52	52	(3) All access and required functional facility components shall be
53	53	constructed above the designated one hundred-year flood plain in a new addition
54	54	to an existing facility located in such a flood plain.
55	55	SECTION 2. Tennessee Code Annotated, Title 13, Chapter 7, Part 2, is amended by
56	56	adding the following as a new section:
57	57	(a) As used in this section:
58	58	(1) "Correctional facility" means a facility or institution that houses an
59	59	inmate population under the jurisdiction of the department of correction, including
60	60	privately and state managed correctional facilities;
61	61	(2) "Facility" means a correctional facility, hospital, or nursing home;
62	62
63	63
64	64	- 3 - 001885
65	65
66	66	(3) "Hospital" means an institution that has been licensed, certified, or
67	67	approved by the health facilities commission of the department of health as a
68	68	hospital;
69	69	(4) "Municipality" means and includes any city or town organized and
70	70	operating under the general or special laws of the state;
71	71	(5) "Nursing home" means a licensed nursing home, assisted care living
72	72	facility, or any other facility approved by the board for licensing health care
73	73	facilities of the department of health as a nursing home, and includes any
74	74	independent living facility on the same property as a licensed nursing home,
75	75	assisted care living facility, or home for the aged; and
76	76	(6) "One hundred-year flood plain" means the one-hundred-year
77	77	floodway and that maximum area of land that is likely to be flooded by a one-
78	78	hundred-year flood shown on flood plain maps approved or promulgated by the
79	79	United States department of housing and urban development.
80	80	(b) Notwithstanding the delegation of zoning authority to municipalities in this
81	81	part to the contrary:
82	82	(1) No facility shall be constructed in a designated one hundred-year
83	83	flood plain;
84	84	(2) No existing facility or a portion of an existing facility located in a
85	85	designated one-hundred-year flood plain that was previously licensed as a
86	86	correctional facility, hospital, or nursing home but has been vacated or used for
87	87	other purposes may subsequently be licensed as a correctional facility, hospital,
88	88	or nursing home; and
89	89
90	90
91	91	- 4 - 001885
92	92
93	93	(3) All access and required functional facility components shall be
94	94	constructed above the designated one hundred-year flood plain in a new addition
95	95	to an existing facility located in such a flood plain.
96	96	SECTION 3. This act takes effect July 1, 2025, the public welfare requiring it, and
97	97	applies to all applications for construction permits submitted on or after such date.