Tennessee 2025-2026 Regular Session

Tennessee Senate Bill SB0365 Compare Versions

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

Old	New	Differences
1	1
2	2	HOUSE BILL 317
3	3	By Rudd
4	4
5	5	SENATE BILL 365
6	6	By Briggs
7	7
8	8
9	9	SB0365
10	10	000634
11	11	- 1 -
12	12
13	13	AN ACT to amend Tennessee Code Annotated, Title 13,
14	14	Chapter 7, 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, Section 13-7-106(b)(5), is amended by
18	18	adding the language "property rights; constitutional rights;" immediately after the language
19	19	"public hearing procedure;".
20	20	SECTION 2. Tennessee Code Annotated, Section 13-7-106(b)(9), is amended by
21	21	deleting the subdivision.
22	22	SECTION 3. Tennessee Code Annotated, Section 13-7-107(a), is amended by deleting
23	23	the subsection and substituting instead:
24	24	(a)
25	25	(1) The county legislative body shall provide and specify, in its zoning or other
26	26	ordinance, general rules to govern the organization, procedure, and jurisdiction of the
27	27	board of appeals, which rules shall not be inconsistent with this part, and the board may
28	28	adopt supplemental rules of procedure, not inconsistent with this part or such general
29	29	rules.
30	30	(2) The general and supplemental rules of procedure shall require:
31	31	(A) Maintenance of a record of the board's proceedings, including
32	32	resolutions, transactions, motions, and actions, which are public records;
33	33	(B) Election from its membership of a chair and other officers as the
34	34	board deems necessary;
35	35
36	36
37	37	- 2 - 000634
38	38
39	39	(C) The inclusion of written statements of reasons for the board's actions
40	40	as part of each motion, action, and decision, including such findings of fact and
41	41	statements of material evidence as the board may deem pertinent; and
42	42	(D) The presentation of relevant proof by parties to the proceedings.
43	43	SECTION 4. Tennessee Code Annotated, Section 13-7-108, is amended by designating
44	44	the existing language as subsection (a) and adding the following as a new subsection (b):
45	45	(b) Building commissioners and other administrative officials who grant or deny
46	46	building permits shall inform, in writing, the person receiving the grant or denial of the
47	47	person's right to appeal to the board of zoning appeals.
48	48	SECTION 5. Tennessee Code Annotated, Section 13-7-109, is amended by designating
49	49	the existing language as subsection (a) and adding the following as a new subsection (b):
50	50	(b) When issuing a decision of the board of zoning appeals, the board shall
51	51	inform, in writing, the parties to the proceeding of their right to seek judicial review of the
52	52	board's decision pursuant to title 27, chapter 9.
53	53	SECTION 6. Tennessee Code Annotated, Section 13-7-205(b), is amended by deleting
54	54	the subsection and substituting instead:
55	55	(b)
56	56	(1) The chief legislative body shall provide and specify, in its zoning or other
57	57	ordinance, general rules to govern the organization, procedure, and jurisdiction of the
58	58	board of appeals, which rules shall not be inconsistent with this part or part 3 of this
59	59	chapter, and the board may adopt supplemental rules of procedure, not inconsistent with
60	60	this part or part 3 of this chapter or such general rules.
61	61	(2) The general and supplemental rules of procedure shall require:
62	62	(A) Maintenance of a record of the board's proceedings, including
63	63	resolutions, transactions, motions, and actions, which are public records;
64	64
65	65
66	66	- 3 - 000634
67	67
68	68	(B) Election from its membership of a chair and other officers as the
69	69	board deems necessary;
70	70	(C) The inclusion of written statements of reasons for the board's actions
71	71	as part of each motion, action, and decision, including such findings of fact and
72	72	statements of material evidence as the board may deem pertinent; and
73	73	(D) The presentation of relevant proof by parties to the proceedings.
74	74	SECTION 7. Tennessee Code Annotated, Section 13-7-205(c)(5), is amended by
75	75	adding the language "property rights; constitutional rights;" immediately after the language
76	76	"public hearing procedure;".
77	77	SECTION 8. Tennessee Code Annotated, Section 13-7-205(c)(9), is amended by
78	78	deleting the subdivision.
79	79	SECTION 9. Tennessee Code Annotated, Section 13-7-206, is amended by adding the
80	80	following as a new subsection:
81	81	(c) Building commissioners and other administrative officials who grant or deny
82	82	building permits shall inform, in writing, the person receiving the grant or denial of the
83	83	person's right to appeal to the board of zoning appeals.
84	84	SECTION 10. Tennessee Code Annotated, Section 13-7-207, is amended by
85	85	designating the existing language as subsection (a) and adding the following as a new
86	86	subsection (b):
87	87	(b) When issuing a decision of the board of zoning appeals, the board shall
88	88	inform, in writing, the parties to the proceeding of their right to seek judicial review of the
89	89	board's decision pursuant to title 27, chapter 9.
90	90	SECTION 11. This act takes effect July 1, 2025, the public welfare requiring it.