Tenn. Code Ann. § 42-2-101 — TN Code / Title 42 / Chapter 2 / Section 42-2-101
Chapter definitions
Status: in_force

As used in this chapter, unless the context otherwise requires: (1) "Aeronautics" means: (A) The science and art of flight, including, but not limited to, transportation by aircraft; (B) The operation, construction, repair, or maintenance of aircraft, aircraft power plants and accessories, including the use, repair, packing, and maintenance of parachutes; (C) The design, establishment, construction, extension, operation, improvement, repair, or maintenance of airports or other air navigation facilities; and (D) Instruction in flying or ground subjects pertaining thereto; (2) "Aeronautics instructor" means any individual who for hire or reward engages in giving instruction or offering to give instruction in flying or ground subjects pertaining to aeronautics. "Aeronautics instructor" excludes any instructor in a public school, university, or institution of higher learning duly accredited and approved for carrying on collegiate work, who instructs in flying or ground subjects pertaining to aeronautics, only in the performance of that person's duties at the school, university or institution; (3) "Air navigation facility" means any facility, other than one owned or operated by the United States, used in, available for use in, or designed for use in aid of air navigation, including any structures, mechanisms, lights, beacons, markers, communicating systems, or other instrumentalities, or devices used or useful as an aid, or constituting an advantage or convenience, to the safe taking off, navigation, and landing of aircraft, or the safe and efficient operation or maintenance of an airport, and any combination of any or all of these facilities; (4) "Air school" means: (A) Any aeronautics instructor who advertises, represents or holds out as giving or offering to give instruction in flying or ground subjects pertaining to aeronautics; and (B) Any person who advertises, represents or holds out as giving or offering to give instruction in flying or ground subjects pertaining to aeronautics whether for or without hire or reward. "Air school" excludes any public school or university, or institution of higher learning duly accredited and approved for carrying on collegiate work; (5) "Aircraft" means any contrivance now known, or hereafter invented, used or designed for navigation of or flight in the air; (6) "Airman" means: (A) Any individual who engages, as the person in command, or as pilot, mechanic, or member of the crew, in the navigation of aircraft while under way; (B) Any individual who is directly in charge of the inspection, maintenance, overhauling, or repair of aircraft engines, propellers, or appliances; and (C) Any individual who serves in the capacity of aircraft dispatcher, or air-traffic control-tower operator; but does not include any individual employed outside the United States, or any individual employed by a manufacturer of aircraft, aircraft engines, propellers, or appliances to perform duties as inspector or mechanic in connection therewith, or any individual performing inspection or mechanical duties in connection with aircraft owned or operated by that individual; (7) "Airport" means any area of land or water that is used, or intended for use, for the landing and taking off of aircraft, and any appurtenant areas that are used, or intended for use, for airport buildings or other airport facilities or avigation easements or rights-of-way, together with all airport buildings and facilities located on such areas, easements or rights-of-way; (8) "Airport hazard" means any structure, object of natural growth, or use of land that obstructs the airspace required for the flight of aircraft in landing or taking off at an airport or that is otherwise hazardous to such landing or taking off; (9) "Approach surface" means the imaginary sloping plane beginning at the end of a runway or landing strip and rising uniformly over the approach area at the required slope; (10) "Avigation easement" means any easement that includes all or any part of the following: (A) The right to unobstructed and unrestricted flight of aircraft, in, through and across the airspace over and above certain described land, at the altitude or height above the surface of the land as determined by the department of transportation; (B) The right to enter upon certain described land for the purpose of removing and preventing any use of the land or the construction or erection of any buildings, structures or facilities and the growth of any trees or objects upon the real estate, over, above and across certain described land, other than those uses, buildings, structures, facilities, growths of trees or objects expressly excepted; and (C) The right to prevent the use of the land by any assembly of persons or the use of the land in such a manner as might attract or bring together an assembly of persons on the land; (11) "Commissioner" means the commissioner of transportation; (12) "Department" means the department of transportation; (13) "Disburse" or "expend" means disburse or expend through the state treasurer in the manner required by law for the disbursement and expending of public moneys, except that no special legislative appropriation shall be required; (14) "General aviation industry" means all aviation in this state with the exception of the airlines and the military; (15) "Landing strip" means that part of the area within an airport boundary that either in its natural state or as a result of construction work is suitable for the landing and take off of aircraft; (16) "Municipal" means pertaining to a municipality as defined in this section; (17) "Municipality" means any county, incorporated city, incorporated town, authority, district or other political subdivision or public corporation of this state; (18) "Operation of aircraft" or "operate aircraft" means the use, navigation or piloting of aircraft in the airspace over this state or upon any airport within this state; (19) "Parachute" includes any device used for the aerial descent of airmen or passengers from aircraft while such aircraft is in flight; (20) "Parachute jump" means exit from, departure from or bailing out of an aircraft in flight by airmen or passengers; (21) "Permit" means a permit issued by the department under this chapter; (22) "Person" means any individual, firm, partnership, corporation, company, association, joint stock association, or body politic, and includes any trustee, receiver, assignee, or other similar representative of such a person; (23) "Public use airport" means any area of land or water, or both, designed and set aside for the taking off and landing of aircraft and utilized or to be utilized in the interest of the public for those purposes; (24) "Regularly scheduled aeronautics" means those flight activities conducted in accordance with a published schedule such as the "Official Airline Guide," or those flight activities routinely flown on certain days of the week or month; provided, that any activities flown less than an average of three (3) times per week are excepted from this definition; (25) "Runway" means the paved, hard surfaced, or stabilized portion of a landing strip; (26) "State" or "this state" means the state of Tennessee; (27) "State airway" means a route in the navigable airspace over and above the lands or waters of this state, designated by the department as a route suitable for air navigation; (28) "Structure" means any object constructed or installed by humans, including, but not limited to, buildings, towers, smokestacks, electronic transmission or receiving towers and antennae, and overhead transmission lines; (29) "Transitional surface" means an imaginary sloping plane having a profile perpendicular to the extended runway or landing strip longitudinal centerlines, beginning at the outside edge of the approach surface and rising uniformly at the required slope; and (30) "Urban areas" means the five (5) most populous regions of the state that lie within twenty-five (25) miles of an airport. Acts 1957, ch. 374, § 1; 1969, ch. 82, § 1; 1977, ch. 137, § 1; T.C.A., § 42-202; Acts 1980, ch. 631, § 1; 1981, ch. 264, § 17.
As used in this chapter, unless the context otherwise requires:
(1) "Aeronautics" means: (A) The science and art of flight, including, but not limited to, transportation by aircraft; (B) The operation, construction, repair, or maintenance of aircraft, aircraft power plants and accessories, including the use, repair, packing, and maintenance of parachutes; (C) The design, establishment, construction, extension, operation, improvement, repair, or maintenance of airports or other air navigation facilities; and (D) Instruction in flying or ground subjects pertaining thereto;
(A) The science and art of flight, including, but not limited to, transportation by aircraft;
(B) The operation, construction, repair, or maintenance of aircraft, aircraft power plants and accessories, including the use, repair, packing, and maintenance of parachutes;
(C) The design, establishment, construction, extension, operation, improvement, repair, or maintenance of airports or other air navigation facilities; and
(D) Instruction in flying or ground subjects pertaining thereto;
(2) "Aeronautics instructor" means any individual who for hire or reward engages in giving instruction or offering to give instruction in flying or ground subjects pertaining to aeronautics. "Aeronautics instructor" excludes any instructor in a public school, university, or institution of higher learning duly accredited and approved for carrying on collegiate work, who instructs in flying or ground subjects pertaining to aeronautics, only in the performance of that person's duties at the school, university or institution;
(3) "Air navigation facility" means any facility, other than one owned or operated by the United States, used in, available for use in, or designed for use in aid of air navigation, including any structures, mechanisms, lights, beacons, markers, communicating systems, or other instrumentalities, or devices used or useful as an aid, or constituting an advantage or convenience, to the safe taking off, navigation, and landing of aircraft, or the safe and efficient operation or maintenance of an airport, and any combination of any or all of these facilities;
(4) "Air school" means: (A) Any aeronautics instructor who advertises, represents or holds out as giving or offering to give instruction in flying or ground subjects pertaining to aeronautics; and (B) Any person who advertises, represents or holds out as giving or offering to give instruction in flying or ground subjects pertaining to aeronautics whether for or without hire or reward. "Air school" excludes any public school or university, or institution of higher learning duly accredited and approved for carrying on collegiate work;
(A) Any aeronautics instructor who advertises, represents or holds out as giving or offering to give instruction in flying or ground subjects pertaining to aeronautics; and
(B) Any person who advertises, represents or holds out as giving or offering to give instruction in flying or ground subjects pertaining to aeronautics whether for or without hire or reward. "Air school" excludes any public school or university, or institution of higher learning duly accredited and approved for carrying on collegiate work;
(5) "Aircraft" means any contrivance now known, or hereafter invented, used or designed for navigation of or flight in the air;
(6) "Airman" means: (A) Any individual who engages, as the person in command, or as pilot, mechanic, or member of the crew, in the navigation of aircraft while under way; (B) Any individual who is directly in charge of the inspection, maintenance, overhauling, or repair of aircraft engines, propellers, or appliances; and (C) Any individual who serves in the capacity of aircraft dispatcher, or air-traffic control-tower operator; but does not include any individual employed outside the United States, or any individual employed by a manufacturer of aircraft, aircraft engines, propellers, or appliances to perform duties as inspector or mechanic in connection therewith, or any individual performing inspection or mechanical duties in connection with aircraft owned or operated by that individual;
(A) Any individual who engages, as the person in command, or as pilot, mechanic, or member of the crew, in the navigation of aircraft while under way;
(B) Any individual who is directly in charge of the inspection, maintenance, overhauling, or repair of aircraft engines, propellers, or appliances; and
(C) Any individual who serves in the capacity of aircraft dispatcher, or air-traffic control-tower operator; but does not include any individual employed outside the United States, or any individual employed by a manufacturer of aircraft, aircraft engines, propellers, or appliances to perform duties as inspector or mechanic in connection therewith, or any individual performing inspection or mechanical duties in connection with aircraft owned or operated by that individual;
but does not include any individual employed outside the United States, or any individual employed by a manufacturer of aircraft, aircraft engines, propellers, or appliances to perform duties as inspector or mechanic in connection therewith, or any individual performing inspection or mechanical duties in connection with aircraft owned or operated by that individual;
(7) "Airport" means any area of land or water that is used, or intended for use, for the landing and taking off of aircraft, and any appurtenant areas that are used, or intended for use, for airport buildings or other airport facilities or avigation easements or rights-of-way, together with all airport buildings and facilities located on such areas, easements or rights-of-way;
(8) "Airport hazard" means any structure, object of natural growth, or use of land that obstructs the airspace required for the flight of aircraft in landing or taking off at an airport or that is otherwise hazardous to such landing or taking off;
(9) "Approach surface" means the imaginary sloping plane beginning at the end of a runway or landing strip and rising uniformly over the approach area at the required slope;
(10) "Avigation easement" means any easement that includes all or any part of the following: (A) The right to unobstructed and unrestricted flight of aircraft, in, through and across the airspace over and above certain described land, at the altitude or height above the surface of the land as determined by the department of transportation; (B) The right to enter upon certain described land for the purpose of removing and preventing any use of the land or the construction or erection of any buildings, structures or facilities and the growth of any trees or objects upon the real estate, over, above and across certain described land, other than those uses, buildings, structures, facilities, growths of trees or objects expressly excepted; and (C) The right to prevent the use of the land by any assembly of persons or the use of the land in such a manner as might attract or bring together an assembly of persons on the land;
(A) The right to unobstructed and unrestricted flight of aircraft, in, through and across the airspace over and above certain described land, at the altitude or height above the surface of the land as determined by the department of transportation;
(B) The right to enter upon certain described land for the purpose of removing and preventing any use of the land or the construction or erection of any buildings, structures or facilities and the growth of any trees or objects upon the real estate, over, above and across certain described land, other than those uses, buildings, structures, facilities, growths of trees or objects expressly excepted; and
(C) The right to prevent the use of the land by any assembly of persons or the use of the land in such a manner as might attract or bring together an assembly of persons on the land;
(11) "Commissioner" means the commissioner of transportation;
(12) "Department" means the department of transportation;
(13) "Disburse" or "expend" means disburse or expend through the state treasurer in the manner required by law for the disbursement and expending of public moneys, except that no special legislative appropriation shall be required;
(14) "General aviation industry" means all aviation in this state with the exception of the airlines and the military;
(15) "Landing strip" means that part of the area within an airport boundary that either in its natural state or as a result of construction work is suitable for the landing and take off of aircraft;
(16) "Municipal" means pertaining to a municipality as defined in this section;
(17) "Municipality" means any county, incorporated city, incorporated town, authority, district or other political subdivision or public corporation of this state;
(18) "Operation of aircraft" or "operate aircraft" means the use, navigation or piloting of aircraft in the airspace over this state or upon any airport within this state;
(19) "Parachute" includes any device used for the aerial descent of airmen or passengers from aircraft while such aircraft is in flight;
(20) "Parachute jump" means exit from, departure from or bailing out of an aircraft in flight by airmen or passengers;
(21) "Permit" means a permit issued by the department under this chapter;
(22) "Person" means any individual, firm, partnership, corporation, company, association, joint stock association, or body politic, and includes any trustee, receiver, assignee, or other similar representative of such a person;
(23) "Public use airport" means any area of land or water, or both, designed and set aside for the taking off and landing of aircraft and utilized or to be utilized in the interest of the public for those purposes;
(24) "Regularly scheduled aeronautics" means those flight activities conducted in accordance with a published schedule such as the "Official Airline Guide," or those flight activities routinely flown on certain days of the week or month; provided, that any activities flown less than an average of three (3) times per week are excepted from this definition;
(25) "Runway" means the paved, hard surfaced, or stabilized portion of a landing strip;
(26) "State" or "this state" means the state of Tennessee;
(27) "State airway" means a route in the navigable airspace over and above the lands or waters of this state, designated by the department as a route suitable for air navigation;
(28) "Structure" means any object constructed or installed by humans, including, but not limited to, buildings, towers, smokestacks, electronic transmission or receiving towers and antennae, and overhead transmission lines;
(29) "Transitional surface" means an imaginary sloping plane having a profile perpendicular to the extended runway or landing strip longitudinal centerlines, beginning at the outside edge of the approach surface and rising uniformly at the required slope; and
(30) "Urban areas" means the five (5) most populous regions of the state that lie within twenty-five (25) miles of an airport.
Acts 1957, ch. 374, § 1; 1969, ch. 82, § 1; 1977, ch. 137, § 1; T.C.A., § 42-202; Acts 1980, ch. 631, § 1; 1981, ch. 264, § 17.
Tenn. Code Ann. § 42-2-218 — TN Code / Title 42 / Chapter 2 / Section 42-2-218
Funds expendable for promotion of aeronautics
Status: in_force

The department is authorized to spend funds that may be available for the purpose of furthering aeronautics generally in the state of Tennessee. Acts 1957, ch. 374, § 25; 1972, ch. 829, § 21; T.C.A., §§ 42-231, 42-2-130.
The department is authorized to spend funds that may be available for the purpose of furthering aeronautics generally in the state of Tennessee.
Acts 1957, ch. 374, § 25; 1972, ch. 829, § 21; T.C.A., §§ 42-231, 42-2-130.
Tenn. Code Ann. § 42-1-112 — TN Code / Title 42 / Chapter 1 / Section 42-1-112
Uniformity of state laws - Harmony with federal requirements
Status: in_force

This part shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those states that enact them, and to harmonize, as far as possible, with federal laws and regulations on the subject of aeronautics. Acts 1923, ch. 30, § 11; Shan. Supp., § 1616a22; Code 1932, § 2726; T.C.A. (orig. ed.), § 42-111.
This part shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those states that enact them, and to harmonize, as far as possible, with federal laws and regulations on the subject of aeronautics.
Acts 1923, ch. 30, § 11; Shan. Supp., § 1616a22; Code 1932, § 2726; T.C.A. (orig. ed.), § 42-111.
Tenn. Code Ann. § 42-5-112 — TN Code / Title 42 / Chapter 5 / Section 42-5-112
Delegation of authority to airport officer or board
Status: in_force

Any authority vested by this chapter in a municipality or in the governing body thereof, for the planning, establishment, development, construction, enlargement, improvement, maintenance, equipment, operation, regulation, protection and policing of airports or other air navigation facilities established, owned or controlled, or to be established, owned or controlled by the municipality, may be vested by resolution of the governing body of the municipality in an officer or board or other municipal agency whose powers and duties shall be prescribed in the resolution; provided, that the expense of planning, establishment, development, construction, enlargement, improvement, maintenance, equipment, operation, regulation, protection and policing shall be a responsibility of the municipality. Any officer or board or other municipal agency that, pursuant to §§ 42-5-101 - 42-5-110, formerly §§ 42-301 - 42-310, inclusive, as enacted by Acts 1955, ch. 6, prior to the repeal of those sections by Acts 1957, ch. 375, has, by municipal resolution or ordinance, been delegated such authority as in this section provided, has all power and authority as is authorized by this chapter for such officer or board or municipal agency. Acts 1957, ch. 375, § 7; T.C.A., § 42-312.
Any authority vested by this chapter in a municipality or in the governing body thereof, for the planning, establishment, development, construction, enlargement, improvement, maintenance, equipment, operation, regulation, protection and policing of airports or other air navigation facilities established, owned or controlled, or to be established, owned or controlled by the municipality, may be vested by resolution of the governing body of the municipality in an officer or board or other municipal agency whose powers and duties shall be prescribed in the resolution; provided, that the expense of planning, establishment, development, construction, enlargement, improvement, maintenance, equipment, operation, regulation, protection and policing shall be a responsibility of the municipality. Any officer or board or other municipal agency that, pursuant to §§ 42-5-101 - 42-5-110, formerly §§ 42-301 - 42-310, inclusive, as enacted by Acts 1955, ch. 6, prior to the repeal of those sections by Acts 1957, ch. 375, has, by municipal resolution or ordinance, been delegated such authority as in this section provided, has all power and authority as is authorized by this chapter for such officer or board or municipal agency.
Acts 1957, ch. 375, § 7; T.C.A., § 42-312.
Tenn. Code Ann. § 42-2-102 — TN Code / Title 42 / Chapter 2 / Section 42-2-102
Purpose of chapter
Status: in_force

It is declared that the purpose of this chapter is to further the public interest and aeronautical progress by: (1) Providing for the protection and promotion of safety in aeronautics; (2) Cooperating in effecting uniformity of the laws and regulations relating to the development and regulation of aeronautics in the several states consistent with federal aeronautics laws and regulations; (3) Granting to a state agency such powers and imposing upon it such duties that the state may properly perform its functions relative to aeronautics and effectively exercise its jurisdiction over persons and property within its jurisdiction, assist in the development of a statewide system of airports, cooperate with and assist the municipalities of the state and others engaged in aeronautics, and encourage and develop aeronautics; (4) Establishing only such regulations as are essential in order that persons engaged in aeronautics of every character may so engage with the least possible restriction, consistent with the safety and the rights of others; and (5) Providing for cooperation with the federal authorities in the development of a national system of civil aviation and for coordination of the aeronautical activities of those authorities and the authorities of this state. Acts 1957, ch. 374, § 2; T.C.A., § 42-203.
It is declared that the purpose of this chapter is to further the public interest and aeronautical progress by:
(1) Providing for the protection and promotion of safety in aeronautics;
(2) Cooperating in effecting uniformity of the laws and regulations relating to the development and regulation of aeronautics in the several states consistent with federal aeronautics laws and regulations;
(3) Granting to a state agency such powers and imposing upon it such duties that the state may properly perform its functions relative to aeronautics and effectively exercise its jurisdiction over persons and property within its jurisdiction, assist in the development of a statewide system of airports, cooperate with and assist the municipalities of the state and others engaged in aeronautics, and encourage and develop aeronautics;
(4) Establishing only such regulations as are essential in order that persons engaged in aeronautics of every character may so engage with the least possible restriction, consistent with the safety and the rights of others; and
(5) Providing for cooperation with the federal authorities in the development of a national system of civil aviation and for coordination of the aeronautical activities of those authorities and the authorities of this state.
Acts 1957, ch. 374, § 2; T.C.A., § 42-203.
Tenn. Code Ann. § 42-2-202 — TN Code / Title 42 / Chapter 2 / Section 42-2-202
Office and expenses of department
Status: in_force

Suitable offices and office equipment shall be provided by the state for the department in Davidson County, and the department, with the approval of the commissioner, or a person delegated by the commissioner to act in the commissioner's stead, has the power to make such other expenditures as are necessary to effect the purposes of this chapter, and may incur the necessary expense for office furniture, stationery, printing, incidental expenses, and other expenses necessary for the administration of this chapter. Acts 1957, ch. 374, § 3; impl. am. Acts 1959, ch. 9, § 3; Acts 1972, ch. 829, § 21; T.C.A., §§ 42-206, 42-2-105.
Suitable offices and office equipment shall be provided by the state for the department in Davidson County, and the department, with the approval of the commissioner, or a person delegated by the commissioner to act in the commissioner's stead, has the power to make such other expenditures as are necessary to effect the purposes of this chapter, and may incur the necessary expense for office furniture, stationery, printing, incidental expenses, and other expenses necessary for the administration of this chapter.
Acts 1957, ch. 374, § 3; impl. am. Acts 1959, ch. 9, § 3; Acts 1972, ch. 829, § 21; T.C.A., §§ 42-206, 42-2-105.
Tenn. Code Ann. § 42-4-105 — TN Code / Title 42 / Chapter 4 / Section 42-4-105
Governing body
Status: in_force

(a) (1) (A) The governing body of the authority shall be a board of commissioners of seven (7) persons appointed by the executive officer of the creating municipality and approved by its governing body, at least five (5) of whom shall be residents of the creating municipality, who shall have no financial interest in an airport or its concessions. (B) [Deleted by 2023 amendment.] (C) The governing body of the authority of an airport that has regularly scheduled commercial passenger service, located in a county other than the county where the creating municipality is located, shall be a board of commissioners of nine (9) persons who shall have no financial interest in an airport or its concessions, to be appointed by the executive officer of the creating municipality and approved by its governing body, at least six (6) of whom shall be residents of the creating municipality, and three (3) of whom shall be residents outside of the creating municipality; provided, that at least one (1) is a resident of the county in which the airport is located. (D) The governing body of the authority located in a county that borders only one (1) other state, and which county contains at least ten (10) cities, shall be a board of commissioners of nine (9) persons of good standing and reputation appointed by the executive officer of the creating municipality, and approved by its governing body, who shall have no financial interest in an airport or its concessions, at least five (5) of whom shall be residents of that county. Notwithstanding any other provision of this chapter, no other restrictions shall apply to the membership of the board of commissioners or their qualifications. Members of the board shall be appointed for terms of three (3) years and until their successors are appointed and qualified. (E) In the process of selecting, nominating, and choosing the members to serve on the board of the authority, the mayor shall review all candidates when making appointments to assure that full consideration has been given to each appointment and has considered age, gender and race, and further that appropriate balance should be given to each consideration. The purpose of the review is to assure inclusion in the operation of the authority. (F) Further, members of the legislative delegation shall be given quarterly reports or briefings of the activities and plans and conditions of the authority, and any proposals for capital expansion or improvements shall be given to the legislative delegation prior to the expansion or improvements. (2) (A) Except as provided in subdivisions (a)(1)(D), (a)(2)(B) and (a)(2)(C), the boards of commissioners shall include a person of good standing and reputation in each of the following fields: engineering, law, industry or commerce, and finance. (B) However, in any county with a population in excess of eight hundred twenty-five thousand (825,000), according to the 1990 federal census or any subsequent federal census, the boards of commissioners may include, but are not limited to, a person of good standing and reputation in each of the following fields: engineering, law, industry or commerce, and finance. (C) Four (4) seats on the governing body of the authority of an airport that has regularly scheduled commercial passenger service, located in a county other than the county where the creating municipality is located, shall be filled by persons of good standing and reputation in one (1) of the following five (5) fields: engineering, law, industry, commerce and finance. (b) Not less than two (2) of the commissioners shall hold airman's certificates issued by the federal aviation administration. The required certificates shall be private pilot's rating or a higher pilot rating; student certificates shall not satisfy the requirements. The engineer shall be an engineer licensed to practice in the state and shall have actively practiced such profession for the preceding five (5) years. The lawyer shall be licensed to practice before the highest court in the state and shall have been so licensed for a period of not less than five (5) years. The commissioners appointed from the fields of industry, commerce and finance shall be eminently qualified in their particular fields of endeavor. All commissioners shall be of excellent character and reputation. (c) (1) Except as provided in subdivision (c)(2), if there is one (1) participating municipality, one (1) member of the board shall be appointed by the executive officer of the creating municipality and approved by its governing body from the person or persons nominated by the executive officer of the participating municipality. If there are two (2) or more participating municipalities, up to two (2) members of the board, but not exceeding two (2), may be appointed by the executive officer of the creating municipality and approved by its governing body from the persons nominated by each of the executive officers of the participating municipalities. No commissioner shall be an officer or employee of the creating municipality or a participating municipality. (2) If the airport authority is located in a county with a population in excess of eight hundred twenty-five thousand (825,000), according to the 1990 federal census or any subsequent federal census, then two (2) members of the seven-member board shall be among the nominees of the executive officer of the participating county, and approved by the executive officer and governing body of the creating municipality. (d) (1) Notwithstanding this section to the contrary: (A) The board of commissioners of the authority in a county having a metropolitan form of government with a population of more than five hundred thousand (500,000), according to the 2020 federal census or a subsequent federal census, is vacated and reconstituted to consist of eight (8) commissioners as follows: (i) Two (2) persons to be appointed by the speaker of the house of representatives; (ii) Two (2) persons to be appointed by the speaker of the senate; (iii) Two (2) persons to be appointed by the governor; and (iv) Two (2) persons appointed by the mayor of the county having the metropolitan form of government; (B) In making appointments to the board: (i) At least one (1) person appointed by each appointing authority must be a resident of the county having the metropolitan form of government; (ii) One (1) person appointed by each appointing authority must be a resident of the county, or a county contiguous to the county, having the metropolitan form of government; and (iii) Persons appointed to the board must have no financial interest in an airport or its concessions at the time of the commissioner's appointment and during the commissioner's tenure on the board; (C) In order to stagger the terms of the newly appointed board, initial appointments are made as follows: (i) Commissioners appointed under subdivision (d)(1)(A)(iii) serve initial terms that expire on June 30, 2025; (ii) Commissioners appointed under subdivision (d)(1)(A)(i) serve initial terms that expire on June 30, 2026; (iii) Commissioners appointed under subdivision (d)(1)(A)(ii) serve initial terms that expire on June 30, 2027; and (iv) Commissioners appointed under subdivision (d)(1)(A)(iv) serve initial terms that expire on June 30, 2028; (D) Following the expiration of a commissioner's initial term, as prescribed in subdivision (d)(1)(C), all terms are four (4) years, to begin on July 1 and terminate on June 30, four (4) years thereafter; (E) In making the appointments to the board, the appointing authorities shall strive to ensure that: (i) The membership is representative of the geographic and demographic composition of the county or state; (ii) At least one (1) commissioner is a female; and (iii) Another commissioner is of a racial minority; (F) In addition to subdivision (d)(1)(E), in making the appointments to the board, the appointing authorities shall ensure only that each commissioner is generally a person of excellent character and reputation and a person in good standing and reputation in one (1) of the following fields: (i) Engineering, with a license to practice in the state and an active practice in such profession for the preceding five (5) years; (ii) Law, with a license to practice before the highest court in this state for a period of not less than five (5) years; (iii) Industry or commerce; and (iv) Finance; (G) A commissioner: (i) Serves in such capacity until the expiration of the term to which the commissioner was appointed and until the commissioner's successor is duly appointed and qualified; and (ii) May be removed by the commissioner's appointing authority with or without cause. A vacancy created by the removal of a commissioner is filled by the appointing authority in the same manner as the original appointment; (H) In addition to the reporting requirements under § 42-4-106(d) and (e) , the authority shall submit quarterly reports or briefings of the activities, plans, and conditions of the authority, and any proposals for capital expansion or improvements to members of the legislative body of the creating municipality, the governor, the speaker of the house of representatives, and the speaker of the senate prior to the expansion or improvements; (I) The authority shall maintain its books and prepare its financial statements in a timely manner satisfactory to the state and pay the state for all costs the state incurs in reviewing and auditing the authority's finances; and (J) The authority is subject to all other provisions of this chapter to the extent otherwise applicable, except as provided by this section. (2) Any vacancy by reason of nonresidence, incapacity, resignation or death shall be filled in like manner for the unexpired term. (3) A commissioner's term shall continue until the appointment and qualification of a successor. (4) A commissioner may be removed from office by a two-thirds (2/3) vote of the governing body of the creating municipality, but only after notice of the cause of such removal has been served upon the commissioner, and only after the commissioner has been granted an opportunity for a public hearing on the cause. (e) The board shall elect from among its members a chair, vice chair, and secretary, each of whom shall continue to be voting members, and shall adopt its own bylaws and rules of procedure. A majority of the commissioners shall constitute a quorum for the transaction of business. Except as expressly otherwise specified in this chapter, all powers granted to an authority by this chapter shall be exercised by the board. (f) Commissioners shall receive no salary but shall be reimbursed for necessary expenses incurred in the performance of their official duties. Amended by 2023 Tenn. Acts, ch. 488, s 2, eff. 7/1/2023. Amended by 2023 Tenn. Acts, ch. 488, s 1, eff. 7/1/2023. Acts 1969, ch. 174, § 5; T.C.A., § 42-705; Acts 1984, ch. 853, §1; 1986, ch. 745, §§1-4; 1988, ch. 887, §§ 1, 2; 1988, ch. 909, § 1; 1990, ch. 1080, §§ 1, 2; 1995, ch. 328, §§ 1, 2; 1998, ch. 640, §§ 1, 2; 1999, ch. 155, §§ 1, 2; 2002, ch. 562, § 1.
(a) (1) (A) The governing body of the authority shall be a board of commissioners of seven (7) persons appointed by the executive officer of the creating municipality and approved by its governing body, at least five (5) of whom shall be residents of the creating municipality, who shall have no financial interest in an airport or its concessions. (B) [Deleted by 2023 amendment.] (C) The governing body of the authority of an airport that has regularly scheduled commercial passenger service, located in a county other than the county where the creating municipality is located, shall be a board of commissioners of nine (9) persons who shall have no financial interest in an airport or its concessions, to be appointed by the executive officer of the creating municipality and approved by its governing body, at least six (6) of whom shall be residents of the creating municipality, and three (3) of whom shall be residents outside of the creating municipality; provided, that at least one (1) is a resident of the county in which the airport is located. (D) The governing body of the authority located in a county that borders only one (1) other state, and which county contains at least ten (10) cities, shall be a board of commissioners of nine (9) persons of good standing and reputation appointed by the executive officer of the creating municipality, and approved by its governing body, who shall have no financial interest in an airport or its concessions, at least five (5) of whom shall be residents of that county. Notwithstanding any other provision of this chapter, no other restrictions shall apply to the membership of the board of commissioners or their qualifications. Members of the board shall be appointed for terms of three (3) years and until their successors are appointed and qualified. (E) In the process of selecting, nominating, and choosing the members to serve on the board of the authority, the mayor shall review all candidates when making appointments to assure that full consideration has been given to each appointment and has considered age, gender and race, and further that appropriate balance should be given to each consideration. The purpose of the review is to assure inclusion in the operation of the authority. (F) Further, members of the legislative delegation shall be given quarterly reports or briefings of the activities and plans and conditions of the authority, and any proposals for capital expansion or improvements shall be given to the legislative delegation prior to the expansion or improvements. (2) (A) Except as provided in subdivisions (a)(1)(D), (a)(2)(B) and (a)(2)(C), the boards of commissioners shall include a person of good standing and reputation in each of the following fields: engineering, law, industry or commerce, and finance. (B) However, in any county with a population in excess of eight hundred twenty-five thousand (825,000), according to the 1990 federal census or any subsequent federal census, the boards of commissioners may include, but are not limited to, a person of good standing and reputation in each of the following fields: engineering, law, industry or commerce, and finance. (C) Four (4) seats on the governing body of the authority of an airport that has regularly scheduled commercial passenger service, located in a county other than the county where the creating municipality is located, shall be filled by persons of good standing and reputation in one (1) of the following five (5) fields: engineering, law, industry, commerce and finance.
(1) (A) The governing body of the authority shall be a board of commissioners of seven (7) persons appointed by the executive officer of the creating municipality and approved by its governing body, at least five (5) of whom shall be residents of the creating municipality, who shall have no financial interest in an airport or its concessions. (B) [Deleted by 2023 amendment.] (C) The governing body of the authority of an airport that has regularly scheduled commercial passenger service, located in a county other than the county where the creating municipality is located, shall be a board of commissioners of nine (9) persons who shall have no financial interest in an airport or its concessions, to be appointed by the executive officer of the creating municipality and approved by its governing body, at least six (6) of whom shall be residents of the creating municipality, and three (3) of whom shall be residents outside of the creating municipality; provided, that at least one (1) is a resident of the county in which the airport is located. (D) The governing body of the authority located in a county that borders only one (1) other state, and which county contains at least ten (10) cities, shall be a board of commissioners of nine (9) persons of good standing and reputation appointed by the executive officer of the creating municipality, and approved by its governing body, who shall have no financial interest in an airport or its concessions, at least five (5) of whom shall be residents of that county. Notwithstanding any other provision of this chapter, no other restrictions shall apply to the membership of the board of commissioners or their qualifications. Members of the board shall be appointed for terms of three (3) years and until their successors are appointed and qualified. (E) In the process of selecting, nominating, and choosing the members to serve on the board of the authority, the mayor shall review all candidates when making appointments to assure that full consideration has been given to each appointment and has considered age, gender and race, and further that appropriate balance should be given to each consideration. The purpose of the review is to assure inclusion in the operation of the authority. (F) Further, members of the legislative delegation shall be given quarterly reports or briefings of the activities and plans and conditions of the authority, and any proposals for capital expansion or improvements shall be given to the legislative delegation prior to the expansion or improvements.
(A) The governing body of the authority shall be a board of commissioners of seven (7) persons appointed by the executive officer of the creating municipality and approved by its governing body, at least five (5) of whom shall be residents of the creating municipality, who shall have no financial interest in an airport or its concessions.
(B) [Deleted by 2023 amendment.]
(C) The governing body of the authority of an airport that has regularly scheduled commercial passenger service, located in a county other than the county where the creating municipality is located, shall be a board of commissioners of nine (9) persons who shall have no financial interest in an airport or its concessions, to be appointed by the executive officer of the creating municipality and approved by its governing body, at least six (6) of whom shall be residents of the creating municipality, and three (3) of whom shall be residents outside of the creating municipality; provided, that at least one (1) is a resident of the county in which the airport is located.
(D) The governing body of the authority located in a county that borders only one (1) other state, and which county contains at least ten (10) cities, shall be a board of commissioners of nine (9) persons of good standing and reputation appointed by the executive officer of the creating municipality, and approved by its governing body, who shall have no financial interest in an airport or its concessions, at least five (5) of whom shall be residents of that county. Notwithstanding any other provision of this chapter, no other restrictions shall apply to the membership of the board of commissioners or their qualifications. Members of the board shall be appointed for terms of three (3) years and until their successors are appointed and qualified.
(E) In the process of selecting, nominating, and choosing the members to serve on the board of the authority, the mayor shall review all candidates when making appointments to assure that full consideration has been given to each appointment and has considered age, gender and race, and further that appropriate balance should be given to each consideration. The purpose of the review is to assure inclusion in the operation of the authority.
(F) Further, members of the legislative delegation shall be given quarterly reports or briefings of the activities and plans and conditions of the authority, and any proposals for capital expansion or improvements shall be given to the legislative delegation prior to the expansion or improvements.
(2) (A) Except as provided in subdivisions (a)(1)(D), (a)(2)(B) and (a)(2)(C), the boards of commissioners shall include a person of good standing and reputation in each of the following fields: engineering, law, industry or commerce, and finance. (B) However, in any county with a population in excess of eight hundred twenty-five thousand (825,000), according to the 1990 federal census or any subsequent federal census, the boards of commissioners may include, but are not limited to, a person of good standing and reputation in each of the following fields: engineering, law, industry or commerce, and finance. (C) Four (4) seats on the governing body of the authority of an airport that has regularly scheduled commercial passenger service, located in a county other than the county where the creating municipality is located, shall be filled by persons of good standing and reputation in one (1) of the following five (5) fields: engineering, law, industry, commerce and finance.
(A) Except as provided in subdivisions (a)(1)(D), (a)(2)(B) and (a)(2)(C), the boards of commissioners shall include a person of good standing and reputation in each of the following fields: engineering, law, industry or commerce, and finance.
(B) However, in any county with a population in excess of eight hundred twenty-five thousand (825,000), according to the 1990 federal census or any subsequent federal census, the boards of commissioners may include, but are not limited to, a person of good standing and reputation in each of the following fields: engineering, law, industry or commerce, and finance.
(C) Four (4) seats on the governing body of the authority of an airport that has regularly scheduled commercial passenger service, located in a county other than the county where the creating municipality is located, shall be filled by persons of good standing and reputation in one (1) of the following five (5) fields: engineering, law, industry, commerce and finance.
(b) Not less than two (2) of the commissioners shall hold airman's certificates issued by the federal aviation administration. The required certificates shall be private pilot's rating or a higher pilot rating; student certificates shall not satisfy the requirements. The engineer shall be an engineer licensed to practice in the state and shall have actively practiced such profession for the preceding five (5) years. The lawyer shall be licensed to practice before the highest court in the state and shall have been so licensed for a period of not less than five (5) years. The commissioners appointed from the fields of industry, commerce and finance shall be eminently qualified in their particular fields of endeavor. All commissioners shall be of excellent character and reputation.
(c) (1) Except as provided in subdivision (c)(2), if there is one (1) participating municipality, one (1) member of the board shall be appointed by the executive officer of the creating municipality and approved by its governing body from the person or persons nominated by the executive officer of the participating municipality. If there are two (2) or more participating municipalities, up to two (2) members of the board, but not exceeding two (2), may be appointed by the executive officer of the creating municipality and approved by its governing body from the persons nominated by each of the executive officers of the participating municipalities. No commissioner shall be an officer or employee of the creating municipality or a participating municipality. (2) If the airport authority is located in a county with a population in excess of eight hundred twenty-five thousand (825,000), according to the 1990 federal census or any subsequent federal census, then two (2) members of the seven-member board shall be among the nominees of the executive officer of the participating county, and approved by the executive officer and governing body of the creating municipality.
(1) Except as provided in subdivision (c)(2), if there is one (1) participating municipality, one (1) member of the board shall be appointed by the executive officer of the creating municipality and approved by its governing body from the person or persons nominated by the executive officer of the participating municipality. If there are two (2) or more participating municipalities, up to two (2) members of the board, but not exceeding two (2), may be appointed by the executive officer of the creating municipality and approved by its governing body from the persons nominated by each of the executive officers of the participating municipalities. No commissioner shall be an officer or employee of the creating municipality or a participating municipality.
(2) If the airport authority is located in a county with a population in excess of eight hundred twenty-five thousand (825,000), according to the 1990 federal census or any subsequent federal census, then two (2) members of the seven-member board shall be among the nominees of the executive officer of the participating county, and approved by the executive officer and governing body of the creating municipality.
(d) (1) Notwithstanding this section to the contrary: (A) The board of commissioners of the authority in a county having a metropolitan form of government with a population of more than five hundred thousand (500,000), according to the 2020 federal census or a subsequent federal census, is vacated and reconstituted to consist of eight (8) commissioners as follows: (i) Two (2) persons to be appointed by the speaker of the house of representatives; (ii) Two (2) persons to be appointed by the speaker of the senate; (iii) Two (2) persons to be appointed by the governor; and (iv) Two (2) persons appointed by the mayor of the county having the metropolitan form of government; (B) In making appointments to the board: (i) At least one (1) person appointed by each appointing authority must be a resident of the county having the metropolitan form of government; (ii) One (1) person appointed by each appointing authority must be a resident of the county, or a county contiguous to the county, having the metropolitan form of government; and (iii) Persons appointed to the board must have no financial interest in an airport or its concessions at the time of the commissioner's appointment and during the commissioner's tenure on the board; (C) In order to stagger the terms of the newly appointed board, initial appointments are made as follows: (i) Commissioners appointed under subdivision (d)(1)(A)(iii) serve initial terms that expire on June 30, 2025; (ii) Commissioners appointed under subdivision (d)(1)(A)(i) serve initial terms that expire on June 30, 2026; (iii) Commissioners appointed under subdivision (d)(1)(A)(ii) serve initial terms that expire on June 30, 2027; and (iv) Commissioners appointed under subdivision (d)(1)(A)(iv) serve initial terms that expire on June 30, 2028; (D) Following the expiration of a commissioner's initial term, as prescribed in subdivision (d)(1)(C), all terms are four (4) years, to begin on July 1 and terminate on June 30, four (4) years thereafter; (E) In making the appointments to the board, the appointing authorities shall strive to ensure that: (i) The membership is representative of the geographic and demographic composition of the county or state; (ii) At least one (1) commissioner is a female; and (iii) Another commissioner is of a racial minority; (F) In addition to subdivision (d)(1)(E), in making the appointments to the board, the appointing authorities shall ensure only that each commissioner is generally a person of excellent character and reputation and a person in good standing and reputation in one (1) of the following fields: (i) Engineering, with a license to practice in the state and an active practice in such profession for the preceding five (5) years; (ii) Law, with a license to practice before the highest court in this state for a period of not less than five (5) years; (iii) Industry or commerce; and (iv) Finance; (G) A commissioner: (i) Serves in such capacity until the expiration of the term to which the commissioner was appointed and until the commissioner's successor is duly appointed and qualified; and (ii) May be removed by the commissioner's appointing authority with or without cause. A vacancy created by the removal of a commissioner is filled by the appointing authority in the same manner as the original appointment; (H) In addition to the reporting requirements under § 42-4-106(d) and (e) , the authority shall submit quarterly reports or briefings of the activities, plans, and conditions of the authority, and any proposals for capital expansion or improvements to members of the legislative body of the creating municipality, the governor, the speaker of the house of representatives, and the speaker of the senate prior to the expansion or improvements; (I) The authority shall maintain its books and prepare its financial statements in a timely manner satisfactory to the state and pay the state for all costs the state incurs in reviewing and auditing the authority's finances; and (J) The authority is subject to all other provisions of this chapter to the extent otherwise applicable, except as provided by this section. (2) Any vacancy by reason of nonresidence, incapacity, resignation or death shall be filled in like manner for the unexpired term. (3) A commissioner's term shall continue until the appointment and qualification of a successor. (4) A commissioner may be removed from office by a two-thirds (2/3) vote of the governing body of the creating municipality, but only after notice of the cause of such removal has been served upon the commissioner, and only after the commissioner has been granted an opportunity for a public hearing on the cause.
(1) Notwithstanding this section to the contrary: (A) The board of commissioners of the authority in a county having a metropolitan form of government with a population of more than five hundred thousand (500,000), according to the 2020 federal census or a subsequent federal census, is vacated and reconstituted to consist of eight (8) commissioners as follows: (i) Two (2) persons to be appointed by the speaker of the house of representatives; (ii) Two (2) persons to be appointed by the speaker of the senate; (iii) Two (2) persons to be appointed by the governor; and (iv) Two (2) persons appointed by the mayor of the county having the metropolitan form of government; (B) In making appointments to the board: (i) At least one (1) person appointed by each appointing authority must be a resident of the county having the metropolitan form of government; (ii) One (1) person appointed by each appointing authority must be a resident of the county, or a county contiguous to the county, having the metropolitan form of government; and (iii) Persons appointed to the board must have no financial interest in an airport or its concessions at the time of the commissioner's appointment and during the commissioner's tenure on the board; (C) In order to stagger the terms of the newly appointed board, initial appointments are made as follows: (i) Commissioners appointed under subdivision (d)(1)(A)(iii) serve initial terms that expire on June 30, 2025; (ii) Commissioners appointed under subdivision (d)(1)(A)(i) serve initial terms that expire on June 30, 2026; (iii) Commissioners appointed under subdivision (d)(1)(A)(ii) serve initial terms that expire on June 30, 2027; and (iv) Commissioners appointed under subdivision (d)(1)(A)(iv) serve initial terms that expire on June 30, 2028; (D) Following the expiration of a commissioner's initial term, as prescribed in subdivision (d)(1)(C), all terms are four (4) years, to begin on July 1 and terminate on June 30, four (4) years thereafter; (E) In making the appointments to the board, the appointing authorities shall strive to ensure that: (i) The membership is representative of the geographic and demographic composition of the county or state; (ii) At least one (1) commissioner is a female; and (iii) Another commissioner is of a racial minority; (F) In addition to subdivision (d)(1)(E), in making the appointments to the board, the appointing authorities shall ensure only that each commissioner is generally a person of excellent character and reputation and a person in good standing and reputation in one (1) of the following fields: (i) Engineering, with a license to practice in the state and an active practice in such profession for the preceding five (5) years; (ii) Law, with a license to practice before the highest court in this state for a period of not less than five (5) years; (iii) Industry or commerce; and (iv) Finance; (G) A commissioner: (i) Serves in such capacity until the expiration of the term to which the commissioner was appointed and until the commissioner's successor is duly appointed and qualified; and (ii) May be removed by the commissioner's appointing authority with or without cause. A vacancy created by the removal of a commissioner is filled by the appointing authority in the same manner as the original appointment; (H) In addition to the reporting requirements under § 42-4-106(d) and (e) , the authority shall submit quarterly reports or briefings of the activities, plans, and conditions of the authority, and any proposals for capital expansion or improvements to members of the legislative body of the creating municipality, the governor, the speaker of the house of representatives, and the speaker of the senate prior to the expansion or improvements; (I) The authority shall maintain its books and prepare its financial statements in a timely manner satisfactory to the state and pay the state for all costs the state incurs in reviewing and auditing the authority's finances; and (J) The authority is subject to all other provisions of this chapter to the extent otherwise applicable, except as provided by this section.
(A) The board of commissioners of the authority in a county having a metropolitan form of government with a population of more than five hundred thousand (500,000), according to the 2020 federal census or a subsequent federal census, is vacated and reconstituted to consist of eight (8) commissioners as follows: (i) Two (2) persons to be appointed by the speaker of the house of representatives; (ii) Two (2) persons to be appointed by the speaker of the senate; (iii) Two (2) persons to be appointed by the governor; and (iv) Two (2) persons appointed by the mayor of the county having the metropolitan form of government;
(i) Two (2) persons to be appointed by the speaker of the house of representatives;
(ii) Two (2) persons to be appointed by the speaker of the senate;
(iii) Two (2) persons to be appointed by the governor; and
(iv) Two (2) persons appointed by the mayor of the county having the metropolitan form of government;
(B) In making appointments to the board: (i) At least one (1) person appointed by each appointing authority must be a resident of the county having the metropolitan form of government; (ii) One (1) person appointed by each appointing authority must be a resident of the county, or a county contiguous to the county, having the metropolitan form of government; and (iii) Persons appointed to the board must have no financial interest in an airport or its concessions at the time of the commissioner's appointment and during the commissioner's tenure on the board;
(i) At least one (1) person appointed by each appointing authority must be a resident of the county having the metropolitan form of government;
(ii) One (1) person appointed by each appointing authority must be a resident of the county, or a county contiguous to the county, having the metropolitan form of government; and
(iii) Persons appointed to the board must have no financial interest in an airport or its concessions at the time of the commissioner's appointment and during the commissioner's tenure on the board;
(C) In order to stagger the terms of the newly appointed board, initial appointments are made as follows: (i) Commissioners appointed under subdivision (d)(1)(A)(iii) serve initial terms that expire on June 30, 2025; (ii) Commissioners appointed under subdivision (d)(1)(A)(i) serve initial terms that expire on June 30, 2026; (iii) Commissioners appointed under subdivision (d)(1)(A)(ii) serve initial terms that expire on June 30, 2027; and (iv) Commissioners appointed under subdivision (d)(1)(A)(iv) serve initial terms that expire on June 30, 2028;
(i) Commissioners appointed under subdivision (d)(1)(A)(iii) serve initial terms that expire on June 30, 2025;
(ii) Commissioners appointed under subdivision (d)(1)(A)(i) serve initial terms that expire on June 30, 2026;
(iii) Commissioners appointed under subdivision (d)(1)(A)(ii) serve initial terms that expire on June 30, 2027; and
(iv) Commissioners appointed under subdivision (d)(1)(A)(iv) serve initial terms that expire on June 30, 2028;
(D) Following the expiration of a commissioner's initial term, as prescribed in subdivision (d)(1)(C), all terms are four (4) years, to begin on July 1 and terminate on June 30, four (4) years thereafter;
(E) In making the appointments to the board, the appointing authorities shall strive to ensure that: (i) The membership is representative of the geographic and demographic composition of the county or state; (ii) At least one (1) commissioner is a female; and (iii) Another commissioner is of a racial minority;
(i) The membership is representative of the geographic and demographic composition of the county or state;
(ii) At least one (1) commissioner is a female; and
(iii) Another commissioner is of a racial minority;
(F) In addition to subdivision (d)(1)(E), in making the appointments to the board, the appointing authorities shall ensure only that each commissioner is generally a person of excellent character and reputation and a person in good standing and reputation in one (1) of the following fields: (i) Engineering, with a license to practice in the state and an active practice in such profession for the preceding five (5) years; (ii) Law, with a license to practice before the highest court in this state for a period of not less than five (5) years; (iii) Industry or commerce; and (iv) Finance;
(i) Engineering, with a license to practice in the state and an active practice in such profession for the preceding five (5) years;
(ii) Law, with a license to practice before the highest court in this state for a period of not less than five (5) years;
(iii) Industry or commerce; and
(iv) Finance;
(G) A commissioner: (i) Serves in such capacity until the expiration of the term to which the commissioner was appointed and until the commissioner's successor is duly appointed and qualified; and (ii) May be removed by the commissioner's appointing authority with or without cause. A vacancy created by the removal of a commissioner is filled by the appointing authority in the same manner as the original appointment;
(i) Serves in such capacity until the expiration of the term to which the commissioner was appointed and until the commissioner's successor is duly appointed and qualified; and
(ii) May be removed by the commissioner's appointing authority with or without cause. A vacancy created by the removal of a commissioner is filled by the appointing authority in the same manner as the original appointment;
(H) In addition to the reporting requirements under § 42-4-106(d) and (e) , the authority shall submit quarterly reports or briefings of the activities, plans, and conditions of the authority, and any proposals for capital expansion or improvements to members of the legislative body of the creating municipality, the governor, the speaker of the house of representatives, and the speaker of the senate prior to the expansion or improvements;
(I) The authority shall maintain its books and prepare its financial statements in a timely manner satisfactory to the state and pay the state for all costs the state incurs in reviewing and auditing the authority's finances; and
(J) The authority is subject to all other provisions of this chapter to the extent otherwise applicable, except as provided by this section.
(2) Any vacancy by reason of nonresidence, incapacity, resignation or death shall be filled in like manner for the unexpired term.
(3) A commissioner's term shall continue until the appointment and qualification of a successor.
(4) A commissioner may be removed from office by a two-thirds (2/3) vote of the governing body of the creating municipality, but only after notice of the cause of such removal has been served upon the commissioner, and only after the commissioner has been granted an opportunity for a public hearing on the cause.
(e) The board shall elect from among its members a chair, vice chair, and secretary, each of whom shall continue to be voting members, and shall adopt its own bylaws and rules of procedure. A majority of the commissioners shall constitute a quorum for the transaction of business. Except as expressly otherwise specified in this chapter, all powers granted to an authority by this chapter shall be exercised by the board.
(f) Commissioners shall receive no salary but shall be reimbursed for necessary expenses incurred in the performance of their official duties.
Amended by 2023 Tenn. Acts, ch. 488, s 2, eff. 7/1/2023.
Amended by 2023 Tenn. Acts, ch. 488, s 1, eff. 7/1/2023.
Acts 1969, ch. 174, § 5; T.C.A., § 42-705; Acts 1984, ch. 853, §1; 1986, ch. 745, §§1-4; 1988, ch. 887, §§ 1, 2; 1988, ch. 909, § 1; 1990, ch. 1080, §§ 1, 2; 1995, ch. 328, §§ 1, 2; 1998, ch. 640, §§ 1, 2; 1999, ch. 155, §§ 1, 2; 2002, ch. 562, § 1.
Tenn. Code Ann. § 42-4-108 — TN Code / Title 42 / Chapter 4 / Section 42-4-108
Eminent domain
Status: in_force

(a) Any participating or creating municipality may acquire any interest in land within the boundaries of the creating or participating municipality by gift, purchase, lease or condemnation, and may transfer such interest to an authority by sale, lease or gift. The transfer may be authorized by ordinance of the governing body of the municipality without submission of the question to the voters and without regard to the requirements, restrictions, limitations, or other provisions contained in any other general, special, or local law. (b) Notwithstanding subsection (a) to the contrary, an authority in a county having a metropolitan form of government with a population of more than five hundred thousand (500,000), according to the 2020 federal census or a subsequent federal census, shall proceed in accordance with title 29, chapter 16, in the acquisition of property by eminent domain proceedings authorized by this chapter. For the purpose of making surveys and examinations relative to eminent domain proceedings, it is lawful for the authority to enter upon the land, doing no unnecessary damage. Notwithstanding another law to the contrary, an authority may take possession of any property to be acquired by eminent domain proceedings at any time after the commencement of the proceedings. The authority shall not be precluded from abandoning the proceedings in a case where possession of the property has not been taken, even after a trial jury in circuit court has rendered a verdict as to damages for the property taken and at any time prior to the entry of a final decree disposing of the entire eminent domain proceedings. Amended by 2023 Tenn. Acts, ch. 488, s 8, eff. 7/1/2023. Acts 1969, ch. 174, § 8; T.C.A., § 42-708.
(a) Any participating or creating municipality may acquire any interest in land within the boundaries of the creating or participating municipality by gift, purchase, lease or condemnation, and may transfer such interest to an authority by sale, lease or gift. The transfer may be authorized by ordinance of the governing body of the municipality without submission of the question to the voters and without regard to the requirements, restrictions, limitations, or other provisions contained in any other general, special, or local law.
(b) Notwithstanding subsection (a) to the contrary, an authority in a county having a metropolitan form of government with a population of more than five hundred thousand (500,000), according to the 2020 federal census or a subsequent federal census, shall proceed in accordance with title 29, chapter 16, in the acquisition of property by eminent domain proceedings authorized by this chapter. For the purpose of making surveys and examinations relative to eminent domain proceedings, it is lawful for the authority to enter upon the land, doing no unnecessary damage. Notwithstanding another law to the contrary, an authority may take possession of any property to be acquired by eminent domain proceedings at any time after the commencement of the proceedings. The authority shall not be precluded from abandoning the proceedings in a case where possession of the property has not been taken, even after a trial jury in circuit court has rendered a verdict as to damages for the property taken and at any time prior to the entry of a final decree disposing of the entire eminent domain proceedings.
Amended by 2023 Tenn. Acts, ch. 488, s 8, eff. 7/1/2023.
Acts 1969, ch. 174, § 8; T.C.A., § 42-708.
Tenn. Code Ann. § 42-4-104 — TN Code / Title 42 / Chapter 4 / Section 42-4-104
Creation of a metropolitan airport authority
Status: in_force

(a) Any city or metropolitan government having a population of not less than one hundred thousand (100,000), or any county including any such city, may create a metropolitan airport authority in the manner provided in this section. (b) (1) The governing body of the creating municipality shall adopt, and its executive officer shall approve, a resolution calling a public hearing on the question of creating an authority. (2) Notice of the date, hour, place and purpose of the hearing shall be published at least once each week for two (2) consecutive weeks in a newspaper of general circulation in the creating municipality, the last such publication to be at least one (1) week prior to the date set for the hearing. (3) The hearing shall be had before the governing body and all interested persons shall have an opportunity to be heard. (c) (1) After the hearing, if the governing body determines that the public convenience and necessity require the creation of an authority, it shall adopt, and its executive officer shall approve, a resolution so declaring and creating an authority, which resolution shall also designate the name and principal office address of the authority. (2) A certified copy of the resolution shall be filed with the secretary of state and with the department of transportation, together with the resolution approving the appointment of the board as provided in § 42-4-105 , and, upon adoption and filing, the authority shall constitute a body politic and corporate, with all the powers provided in this chapter. (3) A certified copy of the resolution shall also be filed with the administrator of the federal aviation administration. (d) (1) Whenever an authority is created under this chapter, the creating municipality and any participating municipality shall enter into an agreement with the authority for the orderly transfer to the authority of the airport properties, functions, and outstanding obligations of the municipalities. (2) The agreement may include provisions for the reimbursement to any such municipality for its obligations issued for airport purposes, and the agreement may also include provisions for the payment of tax equivalents by the authority and its lessees on all or any part of the properties owned by the authority and any improvements owned by the authority or its lessees to the principal and/or participating municipalities. Acts 1969, ch. 174, § 4; impl. am. Acts 1972, ch. 829, § 16; T.C.A., § 42-704.
(a) Any city or metropolitan government having a population of not less than one hundred thousand (100,000), or any county including any such city, may create a metropolitan airport authority in the manner provided in this section.
(b) (1) The governing body of the creating municipality shall adopt, and its executive officer shall approve, a resolution calling a public hearing on the question of creating an authority. (2) Notice of the date, hour, place and purpose of the hearing shall be published at least once each week for two (2) consecutive weeks in a newspaper of general circulation in the creating municipality, the last such publication to be at least one (1) week prior to the date set for the hearing. (3) The hearing shall be had before the governing body and all interested persons shall have an opportunity to be heard.
(1) The governing body of the creating municipality shall adopt, and its executive officer shall approve, a resolution calling a public hearing on the question of creating an authority.
(2) Notice of the date, hour, place and purpose of the hearing shall be published at least once each week for two (2) consecutive weeks in a newspaper of general circulation in the creating municipality, the last such publication to be at least one (1) week prior to the date set for the hearing.
(3) The hearing shall be had before the governing body and all interested persons shall have an opportunity to be heard.
(c) (1) After the hearing, if the governing body determines that the public convenience and necessity require the creation of an authority, it shall adopt, and its executive officer shall approve, a resolution so declaring and creating an authority, which resolution shall also designate the name and principal office address of the authority. (2) A certified copy of the resolution shall be filed with the secretary of state and with the department of transportation, together with the resolution approving the appointment of the board as provided in § 42-4-105 , and, upon adoption and filing, the authority shall constitute a body politic and corporate, with all the powers provided in this chapter. (3) A certified copy of the resolution shall also be filed with the administrator of the federal aviation administration.
(1) After the hearing, if the governing body determines that the public convenience and necessity require the creation of an authority, it shall adopt, and its executive officer shall approve, a resolution so declaring and creating an authority, which resolution shall also designate the name and principal office address of the authority.
(2) A certified copy of the resolution shall be filed with the secretary of state and with the department of transportation, together with the resolution approving the appointment of the board as provided in § 42-4-105 , and, upon adoption and filing, the authority shall constitute a body politic and corporate, with all the powers provided in this chapter.
(3) A certified copy of the resolution shall also be filed with the administrator of the federal aviation administration.
(d) (1) Whenever an authority is created under this chapter, the creating municipality and any participating municipality shall enter into an agreement with the authority for the orderly transfer to the authority of the airport properties, functions, and outstanding obligations of the municipalities. (2) The agreement may include provisions for the reimbursement to any such municipality for its obligations issued for airport purposes, and the agreement may also include provisions for the payment of tax equivalents by the authority and its lessees on all or any part of the properties owned by the authority and any improvements owned by the authority or its lessees to the principal and/or participating municipalities.
(1) Whenever an authority is created under this chapter, the creating municipality and any participating municipality shall enter into an agreement with the authority for the orderly transfer to the authority of the airport properties, functions, and outstanding obligations of the municipalities.
(2) The agreement may include provisions for the reimbursement to any such municipality for its obligations issued for airport purposes, and the agreement may also include provisions for the payment of tax equivalents by the authority and its lessees on all or any part of the properties owned by the authority and any improvements owned by the authority or its lessees to the principal and/or participating municipalities.
Acts 1969, ch. 174, § 4; impl. am. Acts 1972, ch. 829, § 16; T.C.A., § 42-704.
Tenn. Code Ann. § 42-5-105 — TN Code / Title 42 / Chapter 5 / Section 42-5-105
Establishment of airports on public waters and reclaimed lands
Status: in_force

For the purposes of this chapter, a municipality may establish or acquire and maintain, within or bordering upon the territorial limits of the municipality, airports in, over and upon any public waters of this state, any submerged lands under such public waters, and any artificial or reclaimed lands that before the artificial making or reclamation thereof constituted a portion of the submerged lands under public waters; and may construct and maintain terminal buildings, landing floats, causeways, roadways, and bridges for approaches to or connecting with any such airport, and landing floats and breakwaters for the protection of any such airport. Acts 1957, ch. 375, § 2; T.C.A., § 42-305.
For the purposes of this chapter, a municipality may establish or acquire and maintain, within or bordering upon the territorial limits of the municipality, airports in, over and upon any public waters of this state, any submerged lands under such public waters, and any artificial or reclaimed lands that before the artificial making or reclamation thereof constituted a portion of the submerged lands under public waters; and may construct and maintain terminal buildings, landing floats, causeways, roadways, and bridges for approaches to or connecting with any such airport, and landing floats and breakwaters for the protection of any such airport.
Acts 1957, ch. 375, § 2; T.C.A., § 42-305.
Tenn. Code Ann. § 42-1-113 — TN Code / Title 42 / Chapter 1 / Section 42-1-113
Aircraft sales and purchases - Reports
Status: in_force

(a) Any person who sells an aircraft in this state, any person who purchases an aircraft in this state, and every resident of this state who purchases an aircraft shall report to the commissioner of revenue the following information: (1) The name, sales tax registration number, and invoice number of the seller; (2) The name and address of the purchaser; (3) A description of the aircraft; (4) The date of sale; (5) The place and date of delivery; (6) The name of the seller, or the seller's agent, making delivery to a point outside this state; (7) The place the aircraft will be based; (8) The trade-in allowance, if any, and the total sales price; and (9) A statement whether Tennessee sales or use tax has been paid. (b) In the case of a sale in which the seller, or the seller's agent, actually makes delivery of the aircraft to a point outside this state, and in the case of a sale where the aircraft will be removed within thirty (30) calendar days of purchase to another state for use outside this state, the seller and the purchaser shall execute at the time of sale an affidavit stating that neither party has knowledge or reason to believe that the aircraft will be used in or brought back into the state of Tennessee. This affidavit shall be filed with the commissioner of revenue. (c) Any seller of an aircraft, or the seller's agent, making delivery of an aircraft to a point outside this state shall execute an affidavit within thirty (30) days of delivery, stating the date and place of delivery, the name and address of the person to whom delivery was made and the name and type of business the purchaser is involved in and a brief statement of purpose regarding the planned use of the aircraft. This affidavit shall be filed with the commissioner of revenue. (d) If the purchaser is a resident of this state, the commissioner of revenue shall send a copy of the information required in subsection (a) to the assessor of property of the county in which the purchaser resides. Acts 1984, ch. 846, § 1.
(a) Any person who sells an aircraft in this state, any person who purchases an aircraft in this state, and every resident of this state who purchases an aircraft shall report to the commissioner of revenue the following information: (1) The name, sales tax registration number, and invoice number of the seller; (2) The name and address of the purchaser; (3) A description of the aircraft; (4) The date of sale; (5) The place and date of delivery; (6) The name of the seller, or the seller's agent, making delivery to a point outside this state; (7) The place the aircraft will be based; (8) The trade-in allowance, if any, and the total sales price; and (9) A statement whether Tennessee sales or use tax has been paid.
(1) The name, sales tax registration number, and invoice number of the seller;
(2) The name and address of the purchaser;
(3) A description of the aircraft;
(4) The date of sale;
(5) The place and date of delivery;
(6) The name of the seller, or the seller's agent, making delivery to a point outside this state;
(7) The place the aircraft will be based;
(8) The trade-in allowance, if any, and the total sales price; and
(9) A statement whether Tennessee sales or use tax has been paid.
(b) In the case of a sale in which the seller, or the seller's agent, actually makes delivery of the aircraft to a point outside this state, and in the case of a sale where the aircraft will be removed within thirty (30) calendar days of purchase to another state for use outside this state, the seller and the purchaser shall execute at the time of sale an affidavit stating that neither party has knowledge or reason to believe that the aircraft will be used in or brought back into the state of Tennessee. This affidavit shall be filed with the commissioner of revenue.
(c) Any seller of an aircraft, or the seller's agent, making delivery of an aircraft to a point outside this state shall execute an affidavit within thirty (30) days of delivery, stating the date and place of delivery, the name and address of the person to whom delivery was made and the name and type of business the purchaser is involved in and a brief statement of purpose regarding the planned use of the aircraft. This affidavit shall be filed with the commissioner of revenue.
(d) If the purchaser is a resident of this state, the commissioner of revenue shall send a copy of the information required in subsection (a) to the assessor of property of the county in which the purchaser resides.
Acts 1984, ch. 846, § 1.
Tenn. Code Ann. § 42-2-223 — TN Code / Title 42 / Chapter 2 / Section 42-2-223
Department as agent for municipalities and airport authorities in receiving certain federal funds - Exceptions
Status: in_force

(a) The department shall act as agent for each municipality and airport authority for the purposes of applying for, receiving and disbursing federal funds made available pursuant to the former Airport and Airway Development Act of 1970, 84 Stat. 219, 49 U.S.C. 1970 ed. § 1701 et seq. [repealed], or any amendment thereto, unless a municipality or an airport authority owns an airport having a minimum of twenty-five thousand (25,000) originating enplanements annually on regularly scheduled airline carriers as certified by the federal civil aeronautics board, in which event the municipality or airport authority may act as principal with respect to any airport owned by it, or it may designate the department as its agent for the purposes mentioned in this subsection (a). (b) All funds received by the department shall be deposited in the state treasury to be kept and disbursed in a manner consistent with federal requirements. Acts 1957, ch. 374, § 30; 1972, ch. 829, § 21; 1977, ch. 137, § 9; T.C.A., §§ 42-236, 42-2-135.
(a) The department shall act as agent for each municipality and airport authority for the purposes of applying for, receiving and disbursing federal funds made available pursuant to the former Airport and Airway Development Act of 1970, 84 Stat. 219, 49 U.S.C. 1970 ed. § 1701 et seq. [repealed], or any amendment thereto, unless a municipality or an airport authority owns an airport having a minimum of twenty-five thousand (25,000) originating enplanements annually on regularly scheduled airline carriers as certified by the federal civil aeronautics board, in which event the municipality or airport authority may act as principal with respect to any airport owned by it, or it may designate the department as its agent for the purposes mentioned in this subsection (a).
(b) All funds received by the department shall be deposited in the state treasury to be kept and disbursed in a manner consistent with federal requirements.
Acts 1957, ch. 374, § 30; 1972, ch. 829, § 21; 1977, ch. 137, § 9; T.C.A., §§ 42-236, 42-2-135.
Tenn. Code Ann. § 42-6-111 — TN Code / Title 42 / Chapter 6 / Section 42-6-111
Airport zoning regulations to be reasonable
Status: in_force

(a) All airport zoning regulations adopted under this chapter shall be reasonable, and none shall impose any requirements or restrictions that are not reasonably necessary to effectuate the purposes of this chapter. (b) In determining what regulations it may adopt, each political subdivision and joint airport zoning board shall consider, among other things, the character of the flying operations expected to be conducted at the airport, and the nature of the terrain within the airport hazard area. Acts 1945, ch. 74, § 10; C. Supp. 1950, § 2726.29 (Williams, § 2726.56); T.C.A. (orig. ed.), § 42-411.
(a) All airport zoning regulations adopted under this chapter shall be reasonable, and none shall impose any requirements or restrictions that are not reasonably necessary to effectuate the purposes of this chapter.
(b) In determining what regulations it may adopt, each political subdivision and joint airport zoning board shall consider, among other things, the character of the flying operations expected to be conducted at the airport, and the nature of the terrain within the airport hazard area.
Acts 1945, ch. 74, § 10; C. Supp. 1950, § 2726.29 (Williams, § 2726.56); T.C.A. (orig. ed.), § 42-411.
Tenn. Code Ann. § 42-5-107 — TN Code / Title 42 / Chapter 5 / Section 42-5-107
Public purpose of airports
Status: in_force

Any airport so acquired, owned, leased, controlled or occupied by municipalities shall be and is declared to be acquired, owned, leased, controlled or occupied for a public purpose. Acts 1957, ch. 375, § 2; T.C.A., § 42-307.
Any airport so acquired, owned, leased, controlled or occupied by municipalities shall be and is declared to be acquired, owned, leased, controlled or occupied for a public purpose.
Acts 1957, ch. 375, § 2; T.C.A., § 42-307.
Tenn. Code Ann. § 42-3-203 — TN Code / Title 42 / Chapter 3 / Section 42-3-203
Joint board
Status: in_force

(a) Public agencies acting jointly pursuant to this part shall create a joint board, which shall consist of members appointed by the governing body of each participating public agency. (b) The number to be appointed, their terms and compensation, if any, shall be provided for in the joint agreement. (c) Each joint board shall organize, select officers for such terms as are fixed by the agreement, and adopt and amend from time to time rules for its own procedure. (d) The joint board shall have powers, as agent of the participating public agencies, to plan, acquire, establish, develop, construct, enlarge, improve, maintain, equip, operate, regulate, protect and police any airport or air navigation facility or avigation easement or airport hazard to be jointly acquired, controlled and operated, and the board may be authorized by the participating public agencies to exercise on behalf of its constituent public agencies all the powers of each with respect to the airport, air navigation facility, avigation easement or airport hazard, subject to the limitations of § 42-3-204 . Acts 1957, ch. 376, § 14; T.C.A., § 42-617.
(a) Public agencies acting jointly pursuant to this part shall create a joint board, which shall consist of members appointed by the governing body of each participating public agency.
(b) The number to be appointed, their terms and compensation, if any, shall be provided for in the joint agreement.
(c) Each joint board shall organize, select officers for such terms as are fixed by the agreement, and adopt and amend from time to time rules for its own procedure.
(d) The joint board shall have powers, as agent of the participating public agencies, to plan, acquire, establish, develop, construct, enlarge, improve, maintain, equip, operate, regulate, protect and police any airport or air navigation facility or avigation easement or airport hazard to be jointly acquired, controlled and operated, and the board may be authorized by the participating public agencies to exercise on behalf of its constituent public agencies all the powers of each with respect to the airport, air navigation facility, avigation easement or airport hazard, subject to the limitations of § 42-3-204 .
Acts 1957, ch. 376, § 14; T.C.A., § 42-617.
Tenn. Code Ann. § 42-2-219 — TN Code / Title 42 / Chapter 2 / Section 42-2-219
Certificates of public convenience and necessity - Granting - Fees
Status: in_force

The department has the exclusive jurisdiction of granting certificates of public convenience and necessity for the operation of common carriers by air for the transportation of persons or property. Upon the filing of an application for a certificate of public convenience and necessity, the department shall, within a reasonable time, fix a time and place for hearing the application, not less than twenty (20) days after the filing, and shall hear and determine the application within a reasonable length of time. If the department finds that the proposed operation is justified, and that the applicant is fit, willing and able to properly perform the services proposed and to conform to this chapter and the requirements, rules and regulations of the department, it shall issue a certificate to the applicant, subject to the terms, limitations and restrictions the department may deem proper, authorizing in whole or in part the operation covered by the application. If the department finds that the proposed operation is not justified, the application shall be denied. At the time an application is filed, the department shall require the payment of an application fee, which shall be set by the department at an amount sufficient to defray the usual costs of a hearing. Nothing in this section in any way applies to an air carrier operating by authority of a certificate, or certificates, of public convenience and necessity issued by the civil aeronautics authority, the civil aeronautics board, or any other federal agency authorized to issue such certificates. Acts 1957, ch. 374, § 26; 1972, ch. 829, § 21; T.C.A., §§ 42-232, 42-2-131.
The department has the exclusive jurisdiction of granting certificates of public convenience and necessity for the operation of common carriers by air for the transportation of persons or property. Upon the filing of an application for a certificate of public convenience and necessity, the department shall, within a reasonable time, fix a time and place for hearing the application, not less than twenty (20) days after the filing, and shall hear and determine the application within a reasonable length of time. If the department finds that the proposed operation is justified, and that the applicant is fit, willing and able to properly perform the services proposed and to conform to this chapter and the requirements, rules and regulations of the department, it shall issue a certificate to the applicant, subject to the terms, limitations and restrictions the department may deem proper, authorizing in whole or in part the operation covered by the application. If the department finds that the proposed operation is not justified, the application shall be denied. At the time an application is filed, the department shall require the payment of an application fee, which shall be set by the department at an amount sufficient to defray the usual costs of a hearing. Nothing in this section in any way applies to an air carrier operating by authority of a certificate, or certificates, of public convenience and necessity issued by the civil aeronautics authority, the civil aeronautics board, or any other federal agency authorized to issue such certificates.
Acts 1957, ch. 374, § 26; 1972, ch. 829, § 21; T.C.A., §§ 42-232, 42-2-131.
Tenn. Code Ann. § 42-3-107 — TN Code / Title 42 / Chapter 3 / Section 42-3-107
Commissioners
Status: in_force

(a) A commissioner of an authority shall receive no compensation for services but shall be entitled to the necessary expenses, including traveling expenses, incurred in the discharge of the commissioner's duties. (b) Each commissioner shall hold office until a successor has been appointed and has qualified. The certificates of the appointment and reappointment of commissioners shall be filed with the authority. (c) The powers of each authority shall be vested in the commissioners of the authority. A majority of the commissioners of an authority shall constitute a quorum for the purpose of conducting business of the authority and exercising its powers and for all other purposes. Action may be taken by the authority upon a vote of not less than a majority of the commissioners present. (d) There shall be elected a chair and vice chair from among the commissioners. An authority may employ an executive director, secretary, technical experts and such other officers, agents, and employees, permanent and temporary, as it may require, and shall determine their qualifications, duties and compensation. For such legal services as it may require, an authority may call upon the chief law officer of the municipality or municipalities included in the authority or may employ its own counsel and legal staff. An authority may delegate to one (1) or more of its agents or employees such powers or duties as it may deem proper. Acts 1957, ch. 376, § 6; T.C.A., § 42-607.
(a) A commissioner of an authority shall receive no compensation for services but shall be entitled to the necessary expenses, including traveling expenses, incurred in the discharge of the commissioner's duties.
(b) Each commissioner shall hold office until a successor has been appointed and has qualified. The certificates of the appointment and reappointment of commissioners shall be filed with the authority.
(c) The powers of each authority shall be vested in the commissioners of the authority. A majority of the commissioners of an authority shall constitute a quorum for the purpose of conducting business of the authority and exercising its powers and for all other purposes. Action may be taken by the authority upon a vote of not less than a majority of the commissioners present.
(d) There shall be elected a chair and vice chair from among the commissioners. An authority may employ an executive director, secretary, technical experts and such other officers, agents, and employees, permanent and temporary, as it may require, and shall determine their qualifications, duties and compensation. For such legal services as it may require, an authority may call upon the chief law officer of the municipality or municipalities included in the authority or may employ its own counsel and legal staff. An authority may delegate to one (1) or more of its agents or employees such powers or duties as it may deem proper.
Acts 1957, ch. 376, § 6; T.C.A., § 42-607.
Tenn. Code Ann. § 42-1-202 — TN Code / Title 42 / Chapter 1 / Section 42-1-202
Reckless operation of aircraft unlawful - Definitions
Status: in_force

(a) It is unlawful for any person to operate aircraft recklessly upon or over any area within the jurisdiction of this state. (b) For the purposes of this part, "recklessly" means either: (1) The operation of aircraft, other than helicopters, at a height above the ground level over which the aircraft is being operated less than five hundred feet (500'); provided, that such operation of aircraft in time of emergency, when landing or taking off from any landing area, or when engaged in crop dusting, or health and sanitation control, fire patrol, or when simulating landings over open areas under the supervision of a flying instructor, shall not be deemed to be reckless operation; (A) The exemption for low flying in connection with landing or taking off shall apply only within a radius of three (3) miles from the landing area from which the plane has taken off or upon which it is about to land; (B) "Emergency" includes any time when the atmospheric conditions are such that the ceiling is lower than seven hundred fifty feet (750') above the ground level; or when an aircraft is being operated with mechanical defects that did not exist or that were not apparent prior to the taking off of the aircraft; or at any other time when the safety of the pilot or any passenger requires abnormally low flight; (2) The stunting of an aircraft at a height above the ground level over which the aircraft is being operated less than one thousand five hundred feet (1,500'). "Stunting" includes the operation of any aircraft whether the ignition be cut off or not, the steep diving of any aircraft at an angle exceeding forty-five degrees (45°) from horizontal, the looping of any aircraft, the spinning of any aircraft, the sharp turning of any aircraft in horizontal flight when the plane is banked at an angle exceeding sixty degrees (60°) from the horizontal, the slow rolling of any aircraft, the snap rolling of any aircraft, or other acrobatics, or when any aircraft is operated not in conformance with normal flight; or (3) The operation of any aircraft in such a manner as to unnecessarily endanger the life of any person, either within or without the aircraft. Acts 1947, ch. 132, § 2; C. Supp. 1950, § 2726.2 (Williams, § 2726.63); T.C.A. (orig. ed.), § 42-113.
(a) It is unlawful for any person to operate aircraft recklessly upon or over any area within the jurisdiction of this state.
(b) For the purposes of this part, "recklessly" means either: (1) The operation of aircraft, other than helicopters, at a height above the ground level over which the aircraft is being operated less than five hundred feet (500'); provided, that such operation of aircraft in time of emergency, when landing or taking off from any landing area, or when engaged in crop dusting, or health and sanitation control, fire patrol, or when simulating landings over open areas under the supervision of a flying instructor, shall not be deemed to be reckless operation; (A) The exemption for low flying in connection with landing or taking off shall apply only within a radius of three (3) miles from the landing area from which the plane has taken off or upon which it is about to land; (B) "Emergency" includes any time when the atmospheric conditions are such that the ceiling is lower than seven hundred fifty feet (750') above the ground level; or when an aircraft is being operated with mechanical defects that did not exist or that were not apparent prior to the taking off of the aircraft; or at any other time when the safety of the pilot or any passenger requires abnormally low flight; (2) The stunting of an aircraft at a height above the ground level over which the aircraft is being operated less than one thousand five hundred feet (1,500'). "Stunting" includes the operation of any aircraft whether the ignition be cut off or not, the steep diving of any aircraft at an angle exceeding forty-five degrees (45°) from horizontal, the looping of any aircraft, the spinning of any aircraft, the sharp turning of any aircraft in horizontal flight when the plane is banked at an angle exceeding sixty degrees (60°) from the horizontal, the slow rolling of any aircraft, the snap rolling of any aircraft, or other acrobatics, or when any aircraft is operated not in conformance with normal flight; or (3) The operation of any aircraft in such a manner as to unnecessarily endanger the life of any person, either within or without the aircraft.
(1) The operation of aircraft, other than helicopters, at a height above the ground level over which the aircraft is being operated less than five hundred feet (500'); provided, that such operation of aircraft in time of emergency, when landing or taking off from any landing area, or when engaged in crop dusting, or health and sanitation control, fire patrol, or when simulating landings over open areas under the supervision of a flying instructor, shall not be deemed to be reckless operation; (A) The exemption for low flying in connection with landing or taking off shall apply only within a radius of three (3) miles from the landing area from which the plane has taken off or upon which it is about to land; (B) "Emergency" includes any time when the atmospheric conditions are such that the ceiling is lower than seven hundred fifty feet (750') above the ground level; or when an aircraft is being operated with mechanical defects that did not exist or that were not apparent prior to the taking off of the aircraft; or at any other time when the safety of the pilot or any passenger requires abnormally low flight;
(A) The exemption for low flying in connection with landing or taking off shall apply only within a radius of three (3) miles from the landing area from which the plane has taken off or upon which it is about to land;
(B) "Emergency" includes any time when the atmospheric conditions are such that the ceiling is lower than seven hundred fifty feet (750') above the ground level; or when an aircraft is being operated with mechanical defects that did not exist or that were not apparent prior to the taking off of the aircraft; or at any other time when the safety of the pilot or any passenger requires abnormally low flight;
(2) The stunting of an aircraft at a height above the ground level over which the aircraft is being operated less than one thousand five hundred feet (1,500'). "Stunting" includes the operation of any aircraft whether the ignition be cut off or not, the steep diving of any aircraft at an angle exceeding forty-five degrees (45°) from horizontal, the looping of any aircraft, the spinning of any aircraft, the sharp turning of any aircraft in horizontal flight when the plane is banked at an angle exceeding sixty degrees (60°) from the horizontal, the slow rolling of any aircraft, the snap rolling of any aircraft, or other acrobatics, or when any aircraft is operated not in conformance with normal flight; or
(3) The operation of any aircraft in such a manner as to unnecessarily endanger the life of any person, either within or without the aircraft.
Acts 1947, ch. 132, § 2; C. Supp. 1950, § 2726.2 (Williams, § 2726.63); T.C.A. (orig. ed.), § 42-113.
Tenn. Code Ann. § 42-5-119 — TN Code / Title 42 / Chapter 5 / Section 42-5-119
Federal and state aid
Status: in_force

(a) Acceptance Authorized; Conditions. Except as otherwise provided by law, every municipality is authorized to accept, receive, receipt for, disburse and expend federal and state moneys and other moneys, public or private, made available by grant or loan or both to accomplish in whole or in part any of the purposes of this chapter. All federal moneys accepted under this section shall be accepted and expended by the municipality upon such terms and conditions as are prescribed by the United States and as are consistent with state law; and all state moneys accepted under this section shall be accepted and expended by the municipality upon such terms and conditions as are prescribed by the state. Unless otherwise prescribed by the agency from which such moneys were received and except as otherwise provided by law, the chief financial officer of the municipality shall, on its behalf, deposit all moneys received pursuant to this section and shall keep them in separate funds designated according to the purposes for which the moneys were made available, in trust for such purposes. (b) Department as Agent for Municipalities in Receiving Certain Federal Funds; Exceptions. (1) The department shall act as agent for each municipality for the purposes of applying for, receiving and disbursing federal funds made available pursuant to the former Airport and Airway Development Act of 1970, 84 Stat. 219, 49 U.S.C., § 1701 et seq. [repealed], or any amendment thereto, unless the municipality owns an airport having a minimum of twenty-five thousand (25,000) originating enplanements annually on regularly scheduled airline carriers as certified by the federal civil aeronautics board, in which event the municipality may act as principal with respect to any airport owned by it, or may designate the department as its agent for such purposes. All funds received by the department shall be deposited in the state treasury to be kept and disbursed in a manner consistent with federal requirements. (2) Whenever the department acts as agent, it may do so for an individual municipality or municipalities acting jointly and the applicable provisions of § 42-2-203(c) shall apply under either circumstance. Acts 1957, ch. 375, § 13; 1977, ch. 200, §§ 1, 2; T.C.A., § 42-318.
(a) Acceptance Authorized; Conditions. Except as otherwise provided by law, every municipality is authorized to accept, receive, receipt for, disburse and expend federal and state moneys and other moneys, public or private, made available by grant or loan or both to accomplish in whole or in part any of the purposes of this chapter. All federal moneys accepted under this section shall be accepted and expended by the municipality upon such terms and conditions as are prescribed by the United States and as are consistent with state law; and all state moneys accepted under this section shall be accepted and expended by the municipality upon such terms and conditions as are prescribed by the state. Unless otherwise prescribed by the agency from which such moneys were received and except as otherwise provided by law, the chief financial officer of the municipality shall, on its behalf, deposit all moneys received pursuant to this section and shall keep them in separate funds designated according to the purposes for which the moneys were made available, in trust for such purposes.
(b) Department as Agent for Municipalities in Receiving Certain Federal Funds; Exceptions. (1) The department shall act as agent for each municipality for the purposes of applying for, receiving and disbursing federal funds made available pursuant to the former Airport and Airway Development Act of 1970, 84 Stat. 219, 49 U.S.C., § 1701 et seq. [repealed], or any amendment thereto, unless the municipality owns an airport having a minimum of twenty-five thousand (25,000) originating enplanements annually on regularly scheduled airline carriers as certified by the federal civil aeronautics board, in which event the municipality may act as principal with respect to any airport owned by it, or may designate the department as its agent for such purposes. All funds received by the department shall be deposited in the state treasury to be kept and disbursed in a manner consistent with federal requirements. (2) Whenever the department acts as agent, it may do so for an individual municipality or municipalities acting jointly and the applicable provisions of § 42-2-203(c) shall apply under either circumstance.
(1) The department shall act as agent for each municipality for the purposes of applying for, receiving and disbursing federal funds made available pursuant to the former Airport and Airway Development Act of 1970, 84 Stat. 219, 49 U.S.C., § 1701 et seq. [repealed], or any amendment thereto, unless the municipality owns an airport having a minimum of twenty-five thousand (25,000) originating enplanements annually on regularly scheduled airline carriers as certified by the federal civil aeronautics board, in which event the municipality may act as principal with respect to any airport owned by it, or may designate the department as its agent for such purposes. All funds received by the department shall be deposited in the state treasury to be kept and disbursed in a manner consistent with federal requirements.
(2) Whenever the department acts as agent, it may do so for an individual municipality or municipalities acting jointly and the applicable provisions of § 42-2-203(c) shall apply under either circumstance.
Acts 1957, ch. 375, § 13; 1977, ch. 200, §§ 1, 2; T.C.A., § 42-318.
Tenn. Code Ann. § 42-5-204 — TN Code / Title 42 / Chapter 5 / Section 42-5-204
Limitations on joint board
Status: in_force

(a) Expenditures. The total expenditures to be made by the joint board for any purpose in any fiscal year shall be determined by a budget approved by the governing bodies of its constituent public agencies on or before thirty (30) days preceding the first day of the fiscal year. (b) Acquisitions Beyond Sums Allotted. No airport, air navigation facility, airport hazard, avigation easement, or real or personal property, the cost of which is in excess of sums therefor fixed by the joint agreement or allotted in the annual budget, may be acquired by the joint board without the approval of the governing bodies of its constituent public agencies. (c) Eminent Domain. Eminent domain proceedings under this part may be instituted only by authority of the governing bodies of the constituent public agencies, which authority may be by resolution or ordinance; provided, that the joint board may, without such consent, enter into the contract, lease or other arrangements contemplated by § 42-5-110 . (d) Disposal of Real Property. The joint board shall not dispose of any airport, air navigation facility, avigation easement, or real property under its jurisdiction except with the consent of the governing bodies of its constituent public agencies; provided, that the joint board may, without such consent, enter into the contract, lease or other arrangements contemplated by § 42-5-110 . (e) Police Regulations. Any resolutions, rules, regulations or orders of the joint board regarding the subjects authorized by § 42-5-113 shall become effective only upon approval of the governing bodies of the constituent public agencies; provided, that upon approval, the resolutions, rules, regulations or orders of the joint board shall have the same force and effect in the territories or jurisdictions involved as the ordinances, resolutions, regulations, rules or orders of each public agency would have in its own territory or jurisdiction. Acts 1957, ch. 375, § 16; T.C.A., § 42-324.
(a) Expenditures. The total expenditures to be made by the joint board for any purpose in any fiscal year shall be determined by a budget approved by the governing bodies of its constituent public agencies on or before thirty (30) days preceding the first day of the fiscal year.
(b) Acquisitions Beyond Sums Allotted. No airport, air navigation facility, airport hazard, avigation easement, or real or personal property, the cost of which is in excess of sums therefor fixed by the joint agreement or allotted in the annual budget, may be acquired by the joint board without the approval of the governing bodies of its constituent public agencies.
(c) Eminent Domain. Eminent domain proceedings under this part may be instituted only by authority of the governing bodies of the constituent public agencies, which authority may be by resolution or ordinance; provided, that the joint board may, without such consent, enter into the contract, lease or other arrangements contemplated by § 42-5-110 .
(d) Disposal of Real Property. The joint board shall not dispose of any airport, air navigation facility, avigation easement, or real property under its jurisdiction except with the consent of the governing bodies of its constituent public agencies; provided, that the joint board may, without such consent, enter into the contract, lease or other arrangements contemplated by § 42-5-110 .
(e) Police Regulations. Any resolutions, rules, regulations or orders of the joint board regarding the subjects authorized by § 42-5-113 shall become effective only upon approval of the governing bodies of the constituent public agencies; provided, that upon approval, the resolutions, rules, regulations or orders of the joint board shall have the same force and effect in the territories or jurisdictions involved as the ordinances, resolutions, regulations, rules or orders of each public agency would have in its own territory or jurisdiction.
Acts 1957, ch. 375, § 16; T.C.A., § 42-324.
Tenn. Code Ann. § 42-3-102 — TN Code / Title 42 / Chapter 3 / Section 42-3-102
Chapter definitions
Status: in_force

As used in this chapter, unless the context otherwise requires: (1) "Air navigation facility" means any facility, other than a facility owned and operated by the United States, used in, available for use in, or designed for use in, aid of air navigation, including any structures, mechanisms, lights, beacons, markers, communicating systems, or other instrumentalities, or devices used or useful as an aid, or constituting an advantage or convenience, to the safe taking off, navigation, and landing of aircraft, or the safe and efficient operation or maintenance of an airport, and any combination of any or all of such facilities; (2) "Airport" means any area of land or water that is used, or intended for use, for the landing and taking off of aircraft, and any appurtenant areas that are used, or intended for use, for airport buildings or other airport facilities or avigation easements or rights-of-way, together with all airport buildings and facilities located on those areas; (3) "Airport authority" or "authority" means any regional airport authority or municipal airport authority created pursuant to this chapter; (4) "Airport hazard" means any structure, object of natural growth, or use of land that obstructs the airspace required for the flight of aircraft in landing or taking off at an airport or is otherwise hazardous to such landing or taking off of aircraft; (5) "Avigation easement" means any easement that shall include all or any part of the following: (A) The right to unobstructed and unrestricted flight of aircraft, in, through and across the airspace over and above certain land, beginning at the altitude or height above the surface of the land as determined by the airport authority; (B) The right to enter upon certain described land for the purpose of removing and preventing any use of the land or the construction or erection of any buildings, structures or facilities and the growth of any trees or objects upon the real estate, over, above and across such certain described land, other than those uses, buildings, structures, facilities, growths of trees or objects expressly excepted; and (C) The right to prevent the use of the land by any assembly of persons or the use of the land in such a manner as might attract or bring together an assembly of persons on the land; (6) "Bonds" means any bonds, notes, interim certificates, debentures, or similar obligations issued by an authority pursuant to this chapter; (7) "Clerk" means the custodian of the official records of a municipality; (8) "Governing body" means the official or officials authorized by law to exercise ordinance or other law-making powers of a municipality, county or political subdivision of another state; (9) "Municipal airport authority" or "municipal authority" means a municipal airport created pursuant to § 42-3-103 ; (10) "Municipality" means any county, or any incorporated city or incorporated town of this state; (11) "Person" means any individual, firm, partnership, corporation, company, association, joint stock association, or body politic; and includes any trustee, receiver, assignee, or other similar representative of the individual or organization; and (12) "Regional airport authority" or "regional authority" means a regional airport authority created pursuant to § 42-3-104 . Acts 1957, ch. 376, § 1; 1977, ch. 471, § 3; T.C.A., § 42-602; Acts 2010, ch. 802, § 1.
As used in this chapter, unless the context otherwise requires:
(1) "Air navigation facility" means any facility, other than a facility owned and operated by the United States, used in, available for use in, or designed for use in, aid of air navigation, including any structures, mechanisms, lights, beacons, markers, communicating systems, or other instrumentalities, or devices used or useful as an aid, or constituting an advantage or convenience, to the safe taking off, navigation, and landing of aircraft, or the safe and efficient operation or maintenance of an airport, and any combination of any or all of such facilities;
(2) "Airport" means any area of land or water that is used, or intended for use, for the landing and taking off of aircraft, and any appurtenant areas that are used, or intended for use, for airport buildings or other airport facilities or avigation easements or rights-of-way, together with all airport buildings and facilities located on those areas;
(3) "Airport authority" or "authority" means any regional airport authority or municipal airport authority created pursuant to this chapter;
(4) "Airport hazard" means any structure, object of natural growth, or use of land that obstructs the airspace required for the flight of aircraft in landing or taking off at an airport or is otherwise hazardous to such landing or taking off of aircraft;
(5) "Avigation easement" means any easement that shall include all or any part of the following: (A) The right to unobstructed and unrestricted flight of aircraft, in, through and across the airspace over and above certain land, beginning at the altitude or height above the surface of the land as determined by the airport authority; (B) The right to enter upon certain described land for the purpose of removing and preventing any use of the land or the construction or erection of any buildings, structures or facilities and the growth of any trees or objects upon the real estate, over, above and across such certain described land, other than those uses, buildings, structures, facilities, growths of trees or objects expressly excepted; and (C) The right to prevent the use of the land by any assembly of persons or the use of the land in such a manner as might attract or bring together an assembly of persons on the land;
(A) The right to unobstructed and unrestricted flight of aircraft, in, through and across the airspace over and above certain land, beginning at the altitude or height above the surface of the land as determined by the airport authority;
(B) The right to enter upon certain described land for the purpose of removing and preventing any use of the land or the construction or erection of any buildings, structures or facilities and the growth of any trees or objects upon the real estate, over, above and across such certain described land, other than those uses, buildings, structures, facilities, growths of trees or objects expressly excepted; and
(C) The right to prevent the use of the land by any assembly of persons or the use of the land in such a manner as might attract or bring together an assembly of persons on the land;
(6) "Bonds" means any bonds, notes, interim certificates, debentures, or similar obligations issued by an authority pursuant to this chapter;
(7) "Clerk" means the custodian of the official records of a municipality;
(8) "Governing body" means the official or officials authorized by law to exercise ordinance or other law-making powers of a municipality, county or political subdivision of another state;
(9) "Municipal airport authority" or "municipal authority" means a municipal airport created pursuant to § 42-3-103 ;
(10) "Municipality" means any county, or any incorporated city or incorporated town of this state;
(11) "Person" means any individual, firm, partnership, corporation, company, association, joint stock association, or body politic; and includes any trustee, receiver, assignee, or other similar representative of the individual or organization; and
(12) "Regional airport authority" or "regional authority" means a regional airport authority created pursuant to § 42-3-104 .
Acts 1957, ch. 376, § 1; 1977, ch. 471, § 3; T.C.A., § 42-602; Acts 2010, ch. 802, § 1.
Tenn. Code Ann. § 42-5-202 — TN Code / Title 42 / Chapter 5 / Section 42-5-202
Agreement as to joint operation
Status: in_force

(a) Any two (2) or more public agencies may enter into agreements with each other for joint action pursuant to this part. Concurrent action by ordinance, resolution or otherwise of the governing bodies of the participating public agencies shall constitute joint action. (b) Each such agreement shall specify its duration, the proportionate interest that each public agency shall have in the property, facilities, and privileges involved, the proportion to be borne by each public agency of preliminary costs and costs of acquisition, establishment, construction, enlargement, improvement, and equipment of the airport or air navigation facility, the proportion of the expenses of maintenance, operation, regulation and protection thereof to be borne by each, and such other terms as are required by this section. (c) The agreement may also provide for: (1) Amendments thereof, and conditions and methods of termination of the agreement; (2) The disposal of all or any of the property, facilities and privileges jointly owned, prior to or upon the property, facilities and privileges, or any part thereof, ceasing to be used for the purposes provided in this chapter, or upon any such disposal, and of any funds or other property jointly owned and undisposed of; (3) The assumption or payment of any indebtedness arising from the joint venture that remains unpaid upon the disposal of all assets or upon a termination of the agreement; and (4) Such other provisions as may be necessary or convenient. Acts 1957, ch. 375, § 16; T.C.A., § 42-322.
(a) Any two (2) or more public agencies may enter into agreements with each other for joint action pursuant to this part. Concurrent action by ordinance, resolution or otherwise of the governing bodies of the participating public agencies shall constitute joint action.
(b) Each such agreement shall specify its duration, the proportionate interest that each public agency shall have in the property, facilities, and privileges involved, the proportion to be borne by each public agency of preliminary costs and costs of acquisition, establishment, construction, enlargement, improvement, and equipment of the airport or air navigation facility, the proportion of the expenses of maintenance, operation, regulation and protection thereof to be borne by each, and such other terms as are required by this section.
(c) The agreement may also provide for: (1) Amendments thereof, and conditions and methods of termination of the agreement; (2) The disposal of all or any of the property, facilities and privileges jointly owned, prior to or upon the property, facilities and privileges, or any part thereof, ceasing to be used for the purposes provided in this chapter, or upon any such disposal, and of any funds or other property jointly owned and undisposed of; (3) The assumption or payment of any indebtedness arising from the joint venture that remains unpaid upon the disposal of all assets or upon a termination of the agreement; and (4) Such other provisions as may be necessary or convenient.
(1) Amendments thereof, and conditions and methods of termination of the agreement;
(2) The disposal of all or any of the property, facilities and privileges jointly owned, prior to or upon the property, facilities and privileges, or any part thereof, ceasing to be used for the purposes provided in this chapter, or upon any such disposal, and of any funds or other property jointly owned and undisposed of;
(3) The assumption or payment of any indebtedness arising from the joint venture that remains unpaid upon the disposal of all assets or upon a termination of the agreement; and
(4) Such other provisions as may be necessary or convenient.
Acts 1957, ch. 375, § 16; T.C.A., § 42-322.
Tenn. Code Ann. § 42-8-101 — TN Code / Title 42 / Chapter 8 / Section 42-8-101
Chapter definitions
Status: in_force

As used in this chapter, unless the context otherwise requires: (1) "Heliport" means land from which helicopters take off and land. "Heliport" does not include heliports operated by a health care institution as defined in § 68-11-1602 or land on which a helicopter makes a landing required by an emergency. "Heliport" also does not include land that is on private property used for the landing of a privately owned and operated helicopter for private, non-commercial purposes on a limited basis that in no way is ever used by or for commercial helicopter touring as commercial helicopter touring is defined in § 42-1-301 ; and (2) "Tourist resort county" means a county having more than five percent (5%) of its territory located within the boundaries of a national park established pursuant to 16 U.S.C. § 403 . Acts 1992, ch. 727, §2; 2009 , ch. 57, § 1; 2010 , ch. 965, § 1.
As used in this chapter, unless the context otherwise requires:
(1) "Heliport" means land from which helicopters take off and land. "Heliport" does not include heliports operated by a health care institution as defined in § 68-11-1602 or land on which a helicopter makes a landing required by an emergency. "Heliport" also does not include land that is on private property used for the landing of a privately owned and operated helicopter for private, non-commercial purposes on a limited basis that in no way is ever used by or for commercial helicopter touring as commercial helicopter touring is defined in § 42-1-301 ; and
(2) "Tourist resort county" means a county having more than five percent (5%) of its territory located within the boundaries of a national park established pursuant to 16 U.S.C. § 403 .
Acts 1992, ch. 727, §2; 2009 , ch. 57, § 1; 2010 , ch. 965, § 1.
Tenn. Code Ann. § 42-4-101 — TN Code / Title 42 / Chapter 4 / Section 42-4-101
Short title
Status: in_force

This chapter shall be known and may be cited as the "Metropolitan Airport Authority Act." Acts 1969, ch. 174, § 1; T.C.A., § 42-701.
This chapter shall be known and may be cited as the "Metropolitan Airport Authority Act."
Acts 1969, ch. 174, § 1; T.C.A., § 42-701.
Tenn. Code Ann. § 42-2-207 — TN Code / Title 42 / Chapter 2 / Section 42-2-207
Contracts by department of transportation
Status: in_force

All contracts made by the department either as agent for the state, any municipality, or any airport authority shall be made pursuant to the laws of the state governing the making of like contracts; provided, that where the planning, acquisition, construction, improvement, maintenance, or operation of any airport, air navigation facility, avigation easement or the acquisition, lighting, marking or elimination of any airport hazard is financed wholly or partially with federal moneys, the department, as agent of the state, of any municipality, or of any airport authority, may let contracts in the manner prescribed by the federal authorities acting under the laws of the United States and any rules or regulations made thereunder. Acts 1977, ch. 137, § 6; T.C.A., § 42-217; Acts 1981, ch. 264, §§ 16, 17; T.C.A., § 42-2-116.
All contracts made by the department either as agent for the state, any municipality, or any airport authority shall be made pursuant to the laws of the state governing the making of like contracts; provided, that where the planning, acquisition, construction, improvement, maintenance, or operation of any airport, air navigation facility, avigation easement or the acquisition, lighting, marking or elimination of any airport hazard is financed wholly or partially with federal moneys, the department, as agent of the state, of any municipality, or of any airport authority, may let contracts in the manner prescribed by the federal authorities acting under the laws of the United States and any rules or regulations made thereunder.
Acts 1977, ch. 137, § 6; T.C.A., § 42-217; Acts 1981, ch. 264, §§ 16, 17; T.C.A., § 42-2-116.
Tenn. Code Ann. § 42-1-106 — TN Code / Title 42 / Chapter 1 / Section 42-1-106
Rules of law of jurisdiction determining liability of owners
Status: in_force

The liability of the owner of one (1) aircraft to the owner of another aircraft, or to aeronauts or passengers on either aircraft, for damages caused by collision on land or in the air, shall be determined by the rules of law applicable to torts on land. Acts 1923, ch. 30, § 6; Shan. Supp., § 1616a17; Code 1932, § 2721; T.C.A. (orig. ed.), § 42-106.
The liability of the owner of one (1) aircraft to the owner of another aircraft, or to aeronauts or passengers on either aircraft, for damages caused by collision on land or in the air, shall be determined by the rules of law applicable to torts on land.
Acts 1923, ch. 30, § 6; Shan. Supp., § 1616a17; Code 1932, § 2721; T.C.A. (orig. ed.), § 42-106.
Tenn. Code Ann. § 42-2-216 — TN Code / Title 42 / Chapter 2 / Section 42-2-216
Orders - Notice and opportunity for hearings - Judicial review
Status: in_force

Every order of the department requiring performance of certain acts or compliance with certain requirements and any denial or revocation of any approval, certificate or license shall set forth the reasons and shall state the acts to be done or requirements to be met before approval by the department will be given or the approval, license or certificate granted or restored, or the order modified or changed. Orders issued by the department pursuant to this chapter shall be served upon the persons affected either by registered mail or in person. In every case where notice and opportunity for hearing are required under this chapter, except by agreement of the parties, the order of the department shall, on not less than ten (10) days' notice, specify a time when and place where the person affected may be heard, or the time within which the person may request a hearing, and the order shall become effective upon the expiration of the time for exercising the opportunity for hearing, unless a hearing is held or requested within the time provided, in which case the order shall be suspended until the department affirms, disaffirms or modifies such order after hearing held or default by the person affected. To the extent practicable, a hearing on the order shall be held in the county where the affected person resides or does business. Any person aggrieved by an order of the department or by the grant, denial, or revocation of any approval, license or certificate may have the action of the department reviewed by the courts of this state in the manner provided for, and subject to the rules of law applicable to, the review of the orders of other administrative bodies of the state, as set forth in title 27, chapter 9. Acts 1957, ch. 374, § 20; 1972, ch. 829, § 21; T.C.A., §§ 42-228, 42-2-127.
Every order of the department requiring performance of certain acts or compliance with certain requirements and any denial or revocation of any approval, certificate or license shall set forth the reasons and shall state the acts to be done or requirements to be met before approval by the department will be given or the approval, license or certificate granted or restored, or the order modified or changed. Orders issued by the department pursuant to this chapter shall be served upon the persons affected either by registered mail or in person. In every case where notice and opportunity for hearing are required under this chapter, except by agreement of the parties, the order of the department shall, on not less than ten (10) days' notice, specify a time when and place where the person affected may be heard, or the time within which the person may request a hearing, and the order shall become effective upon the expiration of the time for exercising the opportunity for hearing, unless a hearing is held or requested within the time provided, in which case the order shall be suspended until the department affirms, disaffirms or modifies such order after hearing held or default by the person affected. To the extent practicable, a hearing on the order shall be held in the county where the affected person resides or does business. Any person aggrieved by an order of the department or by the grant, denial, or revocation of any approval, license or certificate may have the action of the department reviewed by the courts of this state in the manner provided for, and subject to the rules of law applicable to, the review of the orders of other administrative bodies of the state, as set forth in title 27, chapter 9.
Acts 1957, ch. 374, § 20; 1972, ch. 829, § 21; T.C.A., §§ 42-228, 42-2-127.
Tenn. Code Ann. § 42-5-103 — TN Code / Title 42 / Chapter 5 / Section 42-5-103
Establishment of airports and air navigation facilities - Operation - Land acquisition
Status: in_force

(a) Every municipality is authorized, out of any appropriations or other moneys made available for such purposes, to plan, establish, develop, construct, enlarge, improve, maintain, equip, operate, regulate, protect and police airports and air navigation facilities, either within or without the territorial limits of such municipality and within or without the territorial boundaries of this state, including the construction, installation, equipment, maintenance and operation at such airports of buildings and other facilities for the servicing of aircraft or for the comfort and accommodation of air travelers, and the purchase and sale of supplies, goods and commodities as an incident to the operation of its airport properties. For such purposes, the municipality may use any available property that it may now or hereafter own or control and may, by purchase, gift, devise, lease, eminent domain proceedings or otherwise, acquire property, real or personal, or any interest therein, including avigation easements and easements in airport hazards or land outside the boundaries of an airport or airport site, as are necessary to permit safe and efficient operation of the airport or to permit the removal, elimination, obstruction-marking or obstruction-lighting of airport hazards or to prevent the establishment of airport hazards. (b) (1) If the land for a proposed or planned airport is located outside the corporate limits of a municipality, then the municipality shall also gain approval from the county commission of the county where the land is located before proceeding with the acquisition of such land by eminent domain. (2) (A) Subdivision (b)(1) shall not apply to any airport that has scheduled air passenger service and a control tower in existence or under construction upon April 27, 1995. (B) Subdivision (b)(1) shall not be applicable to renovations, expansions or future renovations or expansions of airports in existence on January 1, 1995; provided, that the property to be used for the renovations or expansions is currently owned by the airport or is contiguous or adjacent to property currently owned by the airport. (C) Subdivision (b)(1) shall apply to any airport not actually under construction on or before January 1, 1995. Acts 1957, ch. 375, § 2; T.C.A., § 42-303; Acts 1995, ch. 148, §§ 1-4.
(a) Every municipality is authorized, out of any appropriations or other moneys made available for such purposes, to plan, establish, develop, construct, enlarge, improve, maintain, equip, operate, regulate, protect and police airports and air navigation facilities, either within or without the territorial limits of such municipality and within or without the territorial boundaries of this state, including the construction, installation, equipment, maintenance and operation at such airports of buildings and other facilities for the servicing of aircraft or for the comfort and accommodation of air travelers, and the purchase and sale of supplies, goods and commodities as an incident to the operation of its airport properties. For such purposes, the municipality may use any available property that it may now or hereafter own or control and may, by purchase, gift, devise, lease, eminent domain proceedings or otherwise, acquire property, real or personal, or any interest therein, including avigation easements and easements in airport hazards or land outside the boundaries of an airport or airport site, as are necessary to permit safe and efficient operation of the airport or to permit the removal, elimination, obstruction-marking or obstruction-lighting of airport hazards or to prevent the establishment of airport hazards.
(b) (1) If the land for a proposed or planned airport is located outside the corporate limits of a municipality, then the municipality shall also gain approval from the county commission of the county where the land is located before proceeding with the acquisition of such land by eminent domain. (2) (A) Subdivision (b)(1) shall not apply to any airport that has scheduled air passenger service and a control tower in existence or under construction upon April 27, 1995. (B) Subdivision (b)(1) shall not be applicable to renovations, expansions or future renovations or expansions of airports in existence on January 1, 1995; provided, that the property to be used for the renovations or expansions is currently owned by the airport or is contiguous or adjacent to property currently owned by the airport. (C) Subdivision (b)(1) shall apply to any airport not actually under construction on or before January 1, 1995.
(1) If the land for a proposed or planned airport is located outside the corporate limits of a municipality, then the municipality shall also gain approval from the county commission of the county where the land is located before proceeding with the acquisition of such land by eminent domain.
(2) (A) Subdivision (b)(1) shall not apply to any airport that has scheduled air passenger service and a control tower in existence or under construction upon April 27, 1995. (B) Subdivision (b)(1) shall not be applicable to renovations, expansions or future renovations or expansions of airports in existence on January 1, 1995; provided, that the property to be used for the renovations or expansions is currently owned by the airport or is contiguous or adjacent to property currently owned by the airport. (C) Subdivision (b)(1) shall apply to any airport not actually under construction on or before January 1, 1995.
(A) Subdivision (b)(1) shall not apply to any airport that has scheduled air passenger service and a control tower in existence or under construction upon April 27, 1995.
(B) Subdivision (b)(1) shall not be applicable to renovations, expansions or future renovations or expansions of airports in existence on January 1, 1995; provided, that the property to be used for the renovations or expansions is currently owned by the airport or is contiguous or adjacent to property currently owned by the airport.
(C) Subdivision (b)(1) shall apply to any airport not actually under construction on or before January 1, 1995.
Acts 1957, ch. 375, § 2; T.C.A., § 42-303; Acts 1995, ch. 148, §§ 1-4.
Tenn. Code Ann. § 42-2-205 — TN Code / Title 42 / Chapter 2 / Section 42-2-205
Operation and use of state airports and facilities
Status: in_force

(a) Departmental Operation. (1) In operating an airport, air navigation facility, or avigation easement owned or controlled by the state, the department may enter into contracts, leases and other arrangements for a term not exceeding fifty (50) years with any persons: (A) Granting the privilege of using or improving the airports or air navigation facility or any portion or facility of the airports or air navigation facility or space in the airports or air navigation facility for commercial purposes; (B) Conferring the privilege of supplying goods, commodities, things, services, or facilities at such airport or air navigation facility; or (C) Making available services to be furnished by the department or its agents at such airport or air navigation facility. (2) In each case, the department may establish the terms and conditions and fix the charges, rentals or fees for the privileges or services, which shall be reasonable and uniform for the same class of privilege or service and shall be established with the due regard to the property and improvements used and the expenses of operation to the state; provided, that in no case shall the public be deprived of its rightful, equal and uniform use of the airport, air navigation facility, avigation easement or portion or facility of the airport or avigation easement. (b) Other Operation. The department may by contract, lease or other arrangement, upon a consideration fixed by it, grant to any qualified person for a term not to exceed fifty (50) years the privilege of operating, as agent of the state or otherwise, any airport owned or controlled by the state; provided, that no person shall be granted any authority to operate the airport other than as a public airport or to enter into any contracts, leases, or other arrangements in connection with the operation of the airport that the department might not have undertaken under subsection (a). (c) Liens. To enforce the payment of any charges for repairs to, or improvements, or storage or care of, any personal property made or furnished by the department or its agents in connection with the operation of an airport or air navigation facility owned or operated by the state, the state shall have liens on the property, which shall be enforceable by the department as provided by law. Acts 1957, ch. 374, § 7; 1972, ch. 829, § 21; T.C.A., §§ 42-215, 42-2-114.
(a) Departmental Operation. (1) In operating an airport, air navigation facility, or avigation easement owned or controlled by the state, the department may enter into contracts, leases and other arrangements for a term not exceeding fifty (50) years with any persons: (A) Granting the privilege of using or improving the airports or air navigation facility or any portion or facility of the airports or air navigation facility or space in the airports or air navigation facility for commercial purposes; (B) Conferring the privilege of supplying goods, commodities, things, services, or facilities at such airport or air navigation facility; or (C) Making available services to be furnished by the department or its agents at such airport or air navigation facility. (2) In each case, the department may establish the terms and conditions and fix the charges, rentals or fees for the privileges or services, which shall be reasonable and uniform for the same class of privilege or service and shall be established with the due regard to the property and improvements used and the expenses of operation to the state; provided, that in no case shall the public be deprived of its rightful, equal and uniform use of the airport, air navigation facility, avigation easement or portion or facility of the airport or avigation easement.
(1) In operating an airport, air navigation facility, or avigation easement owned or controlled by the state, the department may enter into contracts, leases and other arrangements for a term not exceeding fifty (50) years with any persons: (A) Granting the privilege of using or improving the airports or air navigation facility or any portion or facility of the airports or air navigation facility or space in the airports or air navigation facility for commercial purposes; (B) Conferring the privilege of supplying goods, commodities, things, services, or facilities at such airport or air navigation facility; or (C) Making available services to be furnished by the department or its agents at such airport or air navigation facility.
(A) Granting the privilege of using or improving the airports or air navigation facility or any portion or facility of the airports or air navigation facility or space in the airports or air navigation facility for commercial purposes;
(B) Conferring the privilege of supplying goods, commodities, things, services, or facilities at such airport or air navigation facility; or
(C) Making available services to be furnished by the department or its agents at such airport or air navigation facility.
(2) In each case, the department may establish the terms and conditions and fix the charges, rentals or fees for the privileges or services, which shall be reasonable and uniform for the same class of privilege or service and shall be established with the due regard to the property and improvements used and the expenses of operation to the state; provided, that in no case shall the public be deprived of its rightful, equal and uniform use of the airport, air navigation facility, avigation easement or portion or facility of the airport or avigation easement.
(b) Other Operation. The department may by contract, lease or other arrangement, upon a consideration fixed by it, grant to any qualified person for a term not to exceed fifty (50) years the privilege of operating, as agent of the state or otherwise, any airport owned or controlled by the state; provided, that no person shall be granted any authority to operate the airport other than as a public airport or to enter into any contracts, leases, or other arrangements in connection with the operation of the airport that the department might not have undertaken under subsection (a).
(c) Liens. To enforce the payment of any charges for repairs to, or improvements, or storage or care of, any personal property made or furnished by the department or its agents in connection with the operation of an airport or air navigation facility owned or operated by the state, the state shall have liens on the property, which shall be enforceable by the department as provided by law.
Acts 1957, ch. 374, § 7; 1972, ch. 829, § 21; T.C.A., §§ 42-215, 42-2-114.
Tenn. Code Ann. § 42-6-106 — TN Code / Title 42 / Chapter 6 / Section 42-6-106
Hearing on zoning ordinance - Notice - Approval or disapproval
Status: in_force

Before enacting the zoning ordinance or any amendment thereof, the chief legislative body shall hold a public hearing on the ordinance or amendment, at least fifteen (15) days' notice of the time and place of which shall be published in the official municipal journal or in a newspaper of general local circulation. No change in or departure from the text or maps as certified under § 42-6-103 shall be made, unless the change or departure is first submitted to the planning commission or office and approved by it or, if disapproved, receive the favorable vote of a majority of the entire membership of the chief legislative body. Acts 1945, ch. 74, § 6; C. Supp. 1950, § 2726.25 (Williams, § 2726.52); impl. am. Acts 1972, ch. 542, § 15; T.C.A. (orig. ed.), § 42-406.
Before enacting the zoning ordinance or any amendment thereof, the chief legislative body shall hold a public hearing on the ordinance or amendment, at least fifteen (15) days' notice of the time and place of which shall be published in the official municipal journal or in a newspaper of general local circulation. No change in or departure from the text or maps as certified under § 42-6-103 shall be made, unless the change or departure is first submitted to the planning commission or office and approved by it or, if disapproved, receive the favorable vote of a majority of the entire membership of the chief legislative body.
Acts 1945, ch. 74, § 6; C. Supp. 1950, § 2726.25 (Williams, § 2726.52); impl. am. Acts 1972, ch. 542, § 15; T.C.A. (orig. ed.), § 42-406.
Tenn. Code Ann. § 42-3-109 — TN Code / Title 42 / Chapter 3 / Section 42-3-109
Eminent domain
Status: in_force

In the acquisition of property by eminent domain proceedings authorized by this chapter, an authority shall proceed in the manner provided by title 29, chapter 16. For the purpose of making surveys and examinations relative to eminent domain proceedings, it is lawful for the authority to enter upon the land, doing no unnecessary damage. Notwithstanding any other statute or other law, an authority may take possession of any property to be acquired by eminent domain proceedings at any time after the commencement of the proceedings. The authority shall not be precluded from abandoning the proceedings in any case where possession of the property has not been taken, even after a trial jury in circuit court has rendered a verdict as to damages for the property taken and at any time prior to the entry of a final decree disposing of the entire eminent domain proceedings. Acts 1957, ch. 376, § 8; T.C.A., § 42-609.
In the acquisition of property by eminent domain proceedings authorized by this chapter, an authority shall proceed in the manner provided by title 29, chapter 16. For the purpose of making surveys and examinations relative to eminent domain proceedings, it is lawful for the authority to enter upon the land, doing no unnecessary damage. Notwithstanding any other statute or other law, an authority may take possession of any property to be acquired by eminent domain proceedings at any time after the commencement of the proceedings. The authority shall not be precluded from abandoning the proceedings in any case where possession of the property has not been taken, even after a trial jury in circuit court has rendered a verdict as to damages for the property taken and at any time prior to the entry of a final decree disposing of the entire eminent domain proceedings.
Acts 1957, ch. 376, § 8; T.C.A., § 42-609.
Tenn. Code Ann. § 42-2-227 — TN Code / Title 42 / Chapter 2 / Section 42-2-227
Structures - Regulations governing - Permits - Authority of department
Status: in_force

(a) Until a permit has been issued by the department, no person shall erect, add to the height of, or replace any structure within the areas described in subsections (b) and (c), that will result in a structure higher than allowed by those subsections, nor at any other place in this state that will result in a structure extending more than five hundred feet (500') above the land at the site of a proposed structure, nor at any other place in this state that will result in a structure extending more than two hundred fifty feet (250') above the land at the site of a proposed structure that is within two (2) miles of a state highway, federal highway or a railroad. (b) In territory surrounding public use airports for which zoning ordinances or resolutions have not been made effective by local governmental authorities pursuant to chapter 6 of this title, no person shall erect, add to the height of, or replace any structure within any area lying two hundred fifty feet (250') on either side of an extension of an airport runway center line at a distance of two hundred feet (200') beyond the end of the runway, widening thereafter uniformly to a width of one thousand seven hundred fifty feet (1,750') on either side of the extension of the runway center line at a distance of ten thousand two hundred feet (10,200') beyond the end of the runway; and within any area beginning at the runway end elevation at two hundred feet (200') beyond the runway end and arising at the ratio of one foot (1') vertically for each thirty-four feet (34') measured horizontally out to a distance of ten thousand two hundred feet (10,200') beyond the end of the runway. (c) In territory for which a zoning ordinance or resolution has been made effective by local governmental authorities pursuant to chapter 6 of this title, no permit from the department shall be required, except where the erection, adding to the height of, or replacing of any structure would violate subsection (a). But no person shall erect, add to the height of, or replace any structure except as allowed by the local zoning ordinance or resolution. Outside of such locally zoned territory and within an area determined by the extensions of the approach surface and the transitional surface on the same slope ratios established under such local zoning ordinance or resolution, but not to exceed a slope ratio of one foot (1') measured vertically to each fifty feet (50') measured horizontally for the approach surface and one foot (1') measured vertically to each seven feet (7') measured horizontally for the transitional surface to a point where such extended approach and transitional surfaces intersect an imaginary plane five hundred feet (500') above the established airport elevation, no structure shall be erected, altered by increasing the height or replaced until a permit has been obtained from the department. (d) A reasonable fee may be charged for the filing of an application, the amount of which shall be set by the department, and which shall be sufficient to defray the usual expenses of such investigation as may be necessary by the department or its staff. Application fees may vary with the height of the structure for the erection of which a permit is sought. (e) Every permit granted shall also specify what, if any, obstruction markers, markings, lighting or other visual or aural identification shall be installed on or in the vicinity of the structure. The required identification characteristics shall conform to federal laws and regulations where applicable; however, a higher standard of identification may be required under this section. (f) It is unlawful for any person to maintain, occupy or use a structure, or any part of a structure, that has been erected, added to or replaced in violation of this section. (g) In any instance where the department learns or has reasonable grounds to believe that any person is erecting or adding to a structure that would be subject to this section, but concerning which no application for a permit has been filed, it may on its own motion issue an order to that person to appear before the department and show cause why an application for a permit to erect or add to the structure need not be obtained. A date for a hearing shall be set out in such order. (h) In addition to any other remedy, the department may institute in any court of competent jurisdiction an action to prevent, restrain, correct or abate any violation of this section or of any rules, regulations or orders of the department issued pursuant to this section. The court may grant such relief, by way of injunction, which may be mandatory, or otherwise, as may be necessary under this section and the rules, regulations and orders of the department issued pursuant to this section. (i) The department shall adopt and promulgate, and may from time to time amend or rescind, reasonable rules and regulations for the administration of this section. The rules and regulations and changes in the rules and regulations shall become effective at such time after being adopted as may be specified by the department, or as otherwise required by law and may be published and distributed at the department's expense. (j) The department shall prescribe and furnish forms necessary for the administration of this section. Acts 1957, ch. 374, § 36; 1972, ch. 829, § 21; 1977, ch. 471, § 1; T.C.A., §§ 42-242, 42-2-141.
(a) Until a permit has been issued by the department, no person shall erect, add to the height of, or replace any structure within the areas described in subsections (b) and (c), that will result in a structure higher than allowed by those subsections, nor at any other place in this state that will result in a structure extending more than five hundred feet (500') above the land at the site of a proposed structure, nor at any other place in this state that will result in a structure extending more than two hundred fifty feet (250') above the land at the site of a proposed structure that is within two (2) miles of a state highway, federal highway or a railroad.
(b) In territory surrounding public use airports for which zoning ordinances or resolutions have not been made effective by local governmental authorities pursuant to chapter 6 of this title, no person shall erect, add to the height of, or replace any structure within any area lying two hundred fifty feet (250') on either side of an extension of an airport runway center line at a distance of two hundred feet (200') beyond the end of the runway, widening thereafter uniformly to a width of one thousand seven hundred fifty feet (1,750') on either side of the extension of the runway center line at a distance of ten thousand two hundred feet (10,200') beyond the end of the runway; and within any area beginning at the runway end elevation at two hundred feet (200') beyond the runway end and arising at the ratio of one foot (1') vertically for each thirty-four feet (34') measured horizontally out to a distance of ten thousand two hundred feet (10,200') beyond the end of the runway.
(c) In territory for which a zoning ordinance or resolution has been made effective by local governmental authorities pursuant to chapter 6 of this title, no permit from the department shall be required, except where the erection, adding to the height of, or replacing of any structure would violate subsection (a). But no person shall erect, add to the height of, or replace any structure except as allowed by the local zoning ordinance or resolution. Outside of such locally zoned territory and within an area determined by the extensions of the approach surface and the transitional surface on the same slope ratios established under such local zoning ordinance or resolution, but not to exceed a slope ratio of one foot (1') measured vertically to each fifty feet (50') measured horizontally for the approach surface and one foot (1') measured vertically to each seven feet (7') measured horizontally for the transitional surface to a point where such extended approach and transitional surfaces intersect an imaginary plane five hundred feet (500') above the established airport elevation, no structure shall be erected, altered by increasing the height or replaced until a permit has been obtained from the department.
(d) A reasonable fee may be charged for the filing of an application, the amount of which shall be set by the department, and which shall be sufficient to defray the usual expenses of such investigation as may be necessary by the department or its staff. Application fees may vary with the height of the structure for the erection of which a permit is sought.
(e) Every permit granted shall also specify what, if any, obstruction markers, markings, lighting or other visual or aural identification shall be installed on or in the vicinity of the structure. The required identification characteristics shall conform to federal laws and regulations where applicable; however, a higher standard of identification may be required under this section.
(f) It is unlawful for any person to maintain, occupy or use a structure, or any part of a structure, that has been erected, added to or replaced in violation of this section.
(g) In any instance where the department learns or has reasonable grounds to believe that any person is erecting or adding to a structure that would be subject to this section, but concerning which no application for a permit has been filed, it may on its own motion issue an order to that person to appear before the department and show cause why an application for a permit to erect or add to the structure need not be obtained. A date for a hearing shall be set out in such order.
(h) In addition to any other remedy, the department may institute in any court of competent jurisdiction an action to prevent, restrain, correct or abate any violation of this section or of any rules, regulations or orders of the department issued pursuant to this section. The court may grant such relief, by way of injunction, which may be mandatory, or otherwise, as may be necessary under this section and the rules, regulations and orders of the department issued pursuant to this section.
(i) The department shall adopt and promulgate, and may from time to time amend or rescind, reasonable rules and regulations for the administration of this section. The rules and regulations and changes in the rules and regulations shall become effective at such time after being adopted as may be specified by the department, or as otherwise required by law and may be published and distributed at the department's expense.
(j) The department shall prescribe and furnish forms necessary for the administration of this section.
Acts 1957, ch. 374, § 36; 1972, ch. 829, § 21; 1977, ch. 471, § 1; T.C.A., §§ 42-242, 42-2-141.
Tenn. Code Ann. § 42-3-104 — TN Code / Title 42 / Chapter 3 / Section 42-3-104
Creation of regional airport authority - Changes as to municipalities served
Status: in_force

(a) Authorization; Resolution; Appointment and Removal of Commissioners. (1) Two (2) or more municipalities may, by resolution of each, create a public body, corporate and politic, to be known as a regional airport authority, which shall be authorized to exercise its functions upon the issuance by the secretary of state of a certificate of incorporation. The governing body of each municipality shall, pursuant to its resolution, appoint one (1) person as a commissioner of the authority; provided, that if the regional airport authority consists of an even number of municipalities, an additional commissioner shall be appointed by the governor. (2) In addition to the procedure set forth in subdivision (a)(1), one (1) or more municipalities and one (1) or more counties may, by resolution of each, create a public body, corporate and politic, to be known as a regional airport authority, which shall be authorized to exercise its functions upon the issuance by the secretary of state of a certificate of incorporation. The governing body of each participating municipality and the governing body of each participating county shall, pursuant to its resolution, appoint two (2) persons as commissioners of the authority. When the appointed commissioners convene, their first item of business shall be to appoint one (1) additional commissioner. If the commissioners cannot agree on the appointment of the additional commissioner, that position shall be filled by appointment of the governor. (3) In addition to the procedures set forth in subdivisions (a)(1) and (2), when three (3) or more municipalities and counties and at least one (1) political subdivision of another state jointly create and participate in a regional airport commission, then all such municipalities, counties, and the political subdivisions of another state who have participated in such regional airport commission, may, by resolution of each, create a public body, corporate and politic, to be known as a regional airport authority, which shall be authorized to exercise its functions upon the issuance by the secretary of state of a certificate of incorporation. The governing body of each participating municipality and the governing body of each participating county and the governing body of each political subdivision of another state shall, pursuant to its resolution, appoint the same number of persons as commissioners of the authority as existed in the regional airport commission. Such number of commissioners shall be specified in the certificate of incorporation. (4) (A) A commissioner or all of the commissioners of an authority may be removed for incompetency, failure or neglect to perform the duties required by law, malfeasance, misfeasance, misconduct or corruption in office or for any other good and sufficient reason. (B) If the governor makes an appointment pursuant to subdivision (a)(1) or (a)(2), the governor is authorized to remove the commissioner so appointed upon written charges and after a public hearing. (C) The governing body of the municipality, county, political subdivision of another state or the commissioners of the regional airport authority, as appropriate, that made the original appointment or appointments pursuant to subdivision (a)(1), (a)(2) or (a)(3) are authorized to remove the commissioner or commissioners so appointed by a two-thirds (2/3) vote of the governing body of the municipality, county, political subdivision of another state or regional airport authority, as appropriate, upon written charges and after a public hearing. (D) If removed, a vacancy shall exist on the authority of the commissioner or commissioners so removed and the vacancy shall be filled for the unexpired term by the governing body of the municipality, county, political subdivision of another state or the commissioners of the regional airport authority or the governor, as appropriate, in the same manner as in the case of the original appointment. (b) Increase in Municipalities Served. A regional airport authority may be increased from time to time to serve one (1) or more additional municipalities if each additional municipality and each of the municipalities then included in the regional authority and the commissioners of the regional authority, respectively, adopt a resolution consenting to the increase; provided, that if a municipal airport authority for any municipality seeking to be included in the regional authority is then in existence, the commissioners of the municipal authority consent to the inclusion of the municipality in the regional authority; and provided further, that if the municipal authority has any bonds outstanding, that the holders of at least sixty percent (60%) of the bonds consent, in writing, to the inclusion of the municipality in the regional authority. Upon the inclusion of any municipality in the regional authority, all rights, contracts, obligations, and property, real and personal, of the municipal authority shall be in the name of and vest in the regional authority. (c) Decrease in Municipalities Served. A regional airport authority may be decreased if each of the municipalities then included in the regional authority and the commissioners of the regional authority consent to the decrease and make provisions for the retention or disposition of its assets and liabilities; provided, that if the regional authority has any bonds outstanding, no decrease shall be effected unless the holders of at least sixty percent (60%) of the bonds consent to the decrease in writing. (d) Notice and Hearing as to Ordinances and Resolutions. A municipality shall not adopt any ordinance or resolution authorized by this section without a public hearing. Notice of the hearing shall be given at least ten (10) days prior to the hearing in a newspaper published in the municipality, or, if there is no newspaper published in the municipality, then in a newspaper having general circulation in the municipality. (e) Term of Commissioners - Vacancies. All commissioners of a regional airport authority created in accordance with subdivision (a)(1) or (a)(2) shall be appointed for terms of five (5) years each, except that a vacancy occurring other than by expiration of term shall be filled for the unexpired term in the same manner as the original appointments. Appointments at the expiration of a term shall be filled by the governing body of the participating municipality, the governing body of the participating county, or by the commissioners or the governor, as appropriate, that made the original appointments in accordance with subdivision (a)(1) or (a)(2). Acts 1957, ch. 376, § 3; T.C.A., § 42-604; Acts 1991, ch. 486, § 1; 2009, ch. 446, §§ 3, 5; 2010, ch. 802, § 2; 2011, ch. 139, §§ 1, 2.
(a) Authorization; Resolution; Appointment and Removal of Commissioners. (1) Two (2) or more municipalities may, by resolution of each, create a public body, corporate and politic, to be known as a regional airport authority, which shall be authorized to exercise its functions upon the issuance by the secretary of state of a certificate of incorporation. The governing body of each municipality shall, pursuant to its resolution, appoint one (1) person as a commissioner of the authority; provided, that if the regional airport authority consists of an even number of municipalities, an additional commissioner shall be appointed by the governor. (2) In addition to the procedure set forth in subdivision (a)(1), one (1) or more municipalities and one (1) or more counties may, by resolution of each, create a public body, corporate and politic, to be known as a regional airport authority, which shall be authorized to exercise its functions upon the issuance by the secretary of state of a certificate of incorporation. The governing body of each participating municipality and the governing body of each participating county shall, pursuant to its resolution, appoint two (2) persons as commissioners of the authority. When the appointed commissioners convene, their first item of business shall be to appoint one (1) additional commissioner. If the commissioners cannot agree on the appointment of the additional commissioner, that position shall be filled by appointment of the governor. (3) In addition to the procedures set forth in subdivisions (a)(1) and (2), when three (3) or more municipalities and counties and at least one (1) political subdivision of another state jointly create and participate in a regional airport commission, then all such municipalities, counties, and the political subdivisions of another state who have participated in such regional airport commission, may, by resolution of each, create a public body, corporate and politic, to be known as a regional airport authority, which shall be authorized to exercise its functions upon the issuance by the secretary of state of a certificate of incorporation. The governing body of each participating municipality and the governing body of each participating county and the governing body of each political subdivision of another state shall, pursuant to its resolution, appoint the same number of persons as commissioners of the authority as existed in the regional airport commission. Such number of commissioners shall be specified in the certificate of incorporation. (4) (A) A commissioner or all of the commissioners of an authority may be removed for incompetency, failure or neglect to perform the duties required by law, malfeasance, misfeasance, misconduct or corruption in office or for any other good and sufficient reason. (B) If the governor makes an appointment pursuant to subdivision (a)(1) or (a)(2), the governor is authorized to remove the commissioner so appointed upon written charges and after a public hearing. (C) The governing body of the municipality, county, political subdivision of another state or the commissioners of the regional airport authority, as appropriate, that made the original appointment or appointments pursuant to subdivision (a)(1), (a)(2) or (a)(3) are authorized to remove the commissioner or commissioners so appointed by a two-thirds (2/3) vote of the governing body of the municipality, county, political subdivision of another state or regional airport authority, as appropriate, upon written charges and after a public hearing. (D) If removed, a vacancy shall exist on the authority of the commissioner or commissioners so removed and the vacancy shall be filled for the unexpired term by the governing body of the municipality, county, political subdivision of another state or the commissioners of the regional airport authority or the governor, as appropriate, in the same manner as in the case of the original appointment.
(1) Two (2) or more municipalities may, by resolution of each, create a public body, corporate and politic, to be known as a regional airport authority, which shall be authorized to exercise its functions upon the issuance by the secretary of state of a certificate of incorporation. The governing body of each municipality shall, pursuant to its resolution, appoint one (1) person as a commissioner of the authority; provided, that if the regional airport authority consists of an even number of municipalities, an additional commissioner shall be appointed by the governor.
(2) In addition to the procedure set forth in subdivision (a)(1), one (1) or more municipalities and one (1) or more counties may, by resolution of each, create a public body, corporate and politic, to be known as a regional airport authority, which shall be authorized to exercise its functions upon the issuance by the secretary of state of a certificate of incorporation. The governing body of each participating municipality and the governing body of each participating county shall, pursuant to its resolution, appoint two (2) persons as commissioners of the authority. When the appointed commissioners convene, their first item of business shall be to appoint one (1) additional commissioner. If the commissioners cannot agree on the appointment of the additional commissioner, that position shall be filled by appointment of the governor.
(3) In addition to the procedures set forth in subdivisions (a)(1) and (2), when three (3) or more municipalities and counties and at least one (1) political subdivision of another state jointly create and participate in a regional airport commission, then all such municipalities, counties, and the political subdivisions of another state who have participated in such regional airport commission, may, by resolution of each, create a public body, corporate and politic, to be known as a regional airport authority, which shall be authorized to exercise its functions upon the issuance by the secretary of state of a certificate of incorporation. The governing body of each participating municipality and the governing body of each participating county and the governing body of each political subdivision of another state shall, pursuant to its resolution, appoint the same number of persons as commissioners of the authority as existed in the regional airport commission. Such number of commissioners shall be specified in the certificate of incorporation.
(4) (A) A commissioner or all of the commissioners of an authority may be removed for incompetency, failure or neglect to perform the duties required by law, malfeasance, misfeasance, misconduct or corruption in office or for any other good and sufficient reason. (B) If the governor makes an appointment pursuant to subdivision (a)(1) or (a)(2), the governor is authorized to remove the commissioner so appointed upon written charges and after a public hearing. (C) The governing body of the municipality, county, political subdivision of another state or the commissioners of the regional airport authority, as appropriate, that made the original appointment or appointments pursuant to subdivision (a)(1), (a)(2) or (a)(3) are authorized to remove the commissioner or commissioners so appointed by a two-thirds (2/3) vote of the governing body of the municipality, county, political subdivision of another state or regional airport authority, as appropriate, upon written charges and after a public hearing. (D) If removed, a vacancy shall exist on the authority of the commissioner or commissioners so removed and the vacancy shall be filled for the unexpired term by the governing body of the municipality, county, political subdivision of another state or the commissioners of the regional airport authority or the governor, as appropriate, in the same manner as in the case of the original appointment.
(A) A commissioner or all of the commissioners of an authority may be removed for incompetency, failure or neglect to perform the duties required by law, malfeasance, misfeasance, misconduct or corruption in office or for any other good and sufficient reason.
(B) If the governor makes an appointment pursuant to subdivision (a)(1) or (a)(2), the governor is authorized to remove the commissioner so appointed upon written charges and after a public hearing.
(C) The governing body of the municipality, county, political subdivision of another state or the commissioners of the regional airport authority, as appropriate, that made the original appointment or appointments pursuant to subdivision (a)(1), (a)(2) or (a)(3) are authorized to remove the commissioner or commissioners so appointed by a two-thirds (2/3) vote of the governing body of the municipality, county, political subdivision of another state or regional airport authority, as appropriate, upon written charges and after a public hearing.
(D) If removed, a vacancy shall exist on the authority of the commissioner or commissioners so removed and the vacancy shall be filled for the unexpired term by the governing body of the municipality, county, political subdivision of another state or the commissioners of the regional airport authority or the governor, as appropriate, in the same manner as in the case of the original appointment.
(b) Increase in Municipalities Served. A regional airport authority may be increased from time to time to serve one (1) or more additional municipalities if each additional municipality and each of the municipalities then included in the regional authority and the commissioners of the regional authority, respectively, adopt a resolution consenting to the increase; provided, that if a municipal airport authority for any municipality seeking to be included in the regional authority is then in existence, the commissioners of the municipal authority consent to the inclusion of the municipality in the regional authority; and provided further, that if the municipal authority has any bonds outstanding, that the holders of at least sixty percent (60%) of the bonds consent, in writing, to the inclusion of the municipality in the regional authority. Upon the inclusion of any municipality in the regional authority, all rights, contracts, obligations, and property, real and personal, of the municipal authority shall be in the name of and vest in the regional authority.
(c) Decrease in Municipalities Served. A regional airport authority may be decreased if each of the municipalities then included in the regional authority and the commissioners of the regional authority consent to the decrease and make provisions for the retention or disposition of its assets and liabilities; provided, that if the regional authority has any bonds outstanding, no decrease shall be effected unless the holders of at least sixty percent (60%) of the bonds consent to the decrease in writing.
(d) Notice and Hearing as to Ordinances and Resolutions. A municipality shall not adopt any ordinance or resolution authorized by this section without a public hearing. Notice of the hearing shall be given at least ten (10) days prior to the hearing in a newspaper published in the municipality, or, if there is no newspaper published in the municipality, then in a newspaper having general circulation in the municipality.
(e) Term of Commissioners - Vacancies. All commissioners of a regional airport authority created in accordance with subdivision (a)(1) or (a)(2) shall be appointed for terms of five (5) years each, except that a vacancy occurring other than by expiration of term shall be filled for the unexpired term in the same manner as the original appointments. Appointments at the expiration of a term shall be filled by the governing body of the participating municipality, the governing body of the participating county, or by the commissioners or the governor, as appropriate, that made the original appointments in accordance with subdivision (a)(1) or (a)(2).
Acts 1957, ch. 376, § 3; T.C.A., § 42-604; Acts 1991, ch. 486, § 1; 2009, ch. 446, §§ 3, 5; 2010, ch. 802, § 2; 2011, ch. 139, §§ 1, 2.
Tenn. Code Ann. § 42-5-120 — TN Code / Title 42 / Chapter 5 / Section 42-5-120
Contracts
Status: in_force

A municipality may enter into any contracts necessary to the execution of the powers granted it, and for the purposes provided by this chapter. Acts 1957, ch. 375, § 14; T.C.A., § 42-319.
A municipality may enter into any contracts necessary to the execution of the powers granted it, and for the purposes provided by this chapter.
Acts 1957, ch. 375, § 14; T.C.A., § 42-319.
Tenn. Code Ann. § 42-2-201 — TN Code / Title 42 / Chapter 2 / Section 42-2-201
Administration of chapter
Status: in_force

The department is vested with the powers, duties and functions necessary to administer this chapter. Acts 1957, ch. 374, § 3; impl. am. Acts 1959, ch. 9, § 3; 1969, ch. 82, § 2; 1970, ch. 554, § 1; 1972, ch. 829, § 16; 1976, ch. 806, § 1(3); impl. am. Acts 1977, ch. 137, § 10; T.C.A., § 42-204; Acts 1981, ch. 264, § 14; T.C.A., § 42-2-103 .
The department is vested with the powers, duties and functions necessary to administer this chapter.
Acts 1957, ch. 374, § 3; impl. am. Acts 1959, ch. 9, § 3; 1969, ch. 82, § 2; 1970, ch. 554, § 1; 1972, ch. 829, § 16; 1976, ch. 806, § 1(3); impl. am. Acts 1977, ch. 137, § 10; T.C.A., § 42-204; Acts 1981, ch. 264, § 14; T.C.A., § 42-2-103 .
Tenn. Code Ann. § 42-3-115 — TN Code / Title 42 / Chapter 3 / Section 42-3-115
Public purposes
Status: in_force

The acquisition of any land, or interest in land, pursuant to this chapter, the planning, acquisition, establishment, development, construction, improvement, maintenance, equipment, operation, regulation and protection of airports, air navigation facilities and avigation easements, including the acquisition or elimination of airport hazards and the exercise of any other powers granted in this chapter to authorities and other public agencies, to be severally or jointly exercised, are declared to be public and governmental functions, exercised for a public purpose, and matters of public necessity. All land and other property and privileges acquired and used by or on behalf of any authority or other public agency in the manner and for the purposes enumerated in this chapter shall and are declared to be acquired and used for public and governmental purposes and as a matter of public necessity. Acts 1957, ch. 376, § 15; T.C.A., § 42-620.
The acquisition of any land, or interest in land, pursuant to this chapter, the planning, acquisition, establishment, development, construction, improvement, maintenance, equipment, operation, regulation and protection of airports, air navigation facilities and avigation easements, including the acquisition or elimination of airport hazards and the exercise of any other powers granted in this chapter to authorities and other public agencies, to be severally or jointly exercised, are declared to be public and governmental functions, exercised for a public purpose, and matters of public necessity. All land and other property and privileges acquired and used by or on behalf of any authority or other public agency in the manner and for the purposes enumerated in this chapter shall and are declared to be acquired and used for public and governmental purposes and as a matter of public necessity.
Acts 1957, ch. 376, § 15; T.C.A., § 42-620.
Tenn. Code Ann. § 42-2-106 — TN Code / Title 42 / Chapter 2 / Section 42-2-106
Parachute jumps
Status: in_force

(a) It is unlawful for any airman or passenger to parachute jump from an aircraft that is in flight, except in an emergency declared by the pilot in command of the aircraft, or unless such jump is made in compliance with existing federal regulations as are set forth by the federal aviation administration and with the equipment as prescribed by the existing rules and regulations of the federal aviation administration. Any airman or passenger who parachute jumps from an aircraft shall comply fully with part 105 of the federal air regulations. (b) All permanent drop zones are to be registered with the department. The registration is to include the drop zone's location, the names of those persons responsible for activities at the drop zone, the name of the organization involved, and the written permission of the property owner or airport manager, if an airport is the drop zone. (c) No provision in this section shall apply to personnel of the federal or state military forces making military parachute jumps in accordance with military orders or regulations. Acts 1957, ch. 374, § 31; 1965, ch. 211, § 1; 1972, ch. 829, § 26; 1974, ch. 695, §§ 1, 2; T.C.A., §§ 42-237, 42-2-136.
(a) It is unlawful for any airman or passenger to parachute jump from an aircraft that is in flight, except in an emergency declared by the pilot in command of the aircraft, or unless such jump is made in compliance with existing federal regulations as are set forth by the federal aviation administration and with the equipment as prescribed by the existing rules and regulations of the federal aviation administration. Any airman or passenger who parachute jumps from an aircraft shall comply fully with part 105 of the federal air regulations.
(b) All permanent drop zones are to be registered with the department. The registration is to include the drop zone's location, the names of those persons responsible for activities at the drop zone, the name of the organization involved, and the written permission of the property owner or airport manager, if an airport is the drop zone.
(c) No provision in this section shall apply to personnel of the federal or state military forces making military parachute jumps in accordance with military orders or regulations.
Acts 1957, ch. 374, § 31; 1965, ch. 211, § 1; 1972, ch. 829, § 26; 1974, ch. 695, §§ 1, 2; T.C.A., §§ 42-237, 42-2-136.