Tenn. Code Ann. § 42-5-113 — TN Code / Title 42 / Chapter 5 / Section 42-5-113
Regulations and jurisdiction - Scope - Conformity to federal and state law
Status: in_force

(a) (1) A municipality that has established or acquired, or that may hereafter establish or acquire, an airport or air navigation facility, is authorized to adopt, amend and repeal such reasonable ordinances, resolutions, rules and regulations and orders as it shall deem necessary for the management, government and use of the airport or air navigation facility under its control, whether situated within or without the territorial limits of the municipality. For the enforcement thereof, the municipality may, by ordinance or resolution, as may by law be appropriate, appoint airport guards or police, with full police powers and fix penalties, within the limits prescribed by law, for the violation of the ordinances, resolutions, rules, regulations and orders. These penalties shall be enforced in the same manner in which penalties prescribed by other ordinances or resolutions of the municipality are enforced. (2) (A) To the extent that an airport or other air navigation facility controlled or operated by a municipality pursuant to any arrangement, understanding, or agreement created or entered into pursuant to this chapter, the Metropolitan Airport Authority Act, compiled in chapter 4 of this title, or any other statutory provisions, is located outside the territorial limits of the municipality, it shall, subject to federal and state laws, rules, and regulations, be under the jurisdiction and control of the municipality controlling or operating it. Any vocation, occupation, business or business activity located or conducted upon the premises, grounds and/or property of any such airport or other air navigation facility shall be subject to being taxed both by any municipality or county in which the airport or other air navigation facility is actually located and by any municipality controlling or operating the airport or air navigation facility to the extent and in the manner provided by law. (B) (i) Subdivision (a)(2) does not apply to counties having a population of between two hundred eighty-five thousand (285,000) and two hundred ninety thousand (290,000), according to the 1980 federal census. (ii) Subdivision (a)(2) does not apply to any county having a population of: not less than nor more than 100,000 200,000 450,000 550,000 600,001 according to the 1980 federal census or any subsequent federal census. (iii) Subdivision (a)(2) does not apply to any county having a metropolitan form of government. (iv) Subdivision (a)(2) does not apply to any municipality or county creating, controlling, or operating, in part, an airport or air navigation facility created, controlled, or operated, in part, by at least four (4) political subdivisions of this state and a political subdivision of an adjacent state, which airport is located outside the territorial limits of the municipality or county. (b) No ordinance, resolution, rule, regulation or order adopted by a municipality pursuant to this chapter shall be inconsistent with, or contrary to, any act of the Congress of the United States, or laws of this state, or to any regulations promulgated or standards established pursuant thereto. Acts 1957, ch. 375, § 8; T.C.A., § 42-313; Acts 1983, ch. 466, §§ 1, 4-7.
(a) (1) A municipality that has established or acquired, or that may hereafter establish or acquire, an airport or air navigation facility, is authorized to adopt, amend and repeal such reasonable ordinances, resolutions, rules and regulations and orders as it shall deem necessary for the management, government and use of the airport or air navigation facility under its control, whether situated within or without the territorial limits of the municipality. For the enforcement thereof, the municipality may, by ordinance or resolution, as may by law be appropriate, appoint airport guards or police, with full police powers and fix penalties, within the limits prescribed by law, for the violation of the ordinances, resolutions, rules, regulations and orders. These penalties shall be enforced in the same manner in which penalties prescribed by other ordinances or resolutions of the municipality are enforced. (2) (A) To the extent that an airport or other air navigation facility controlled or operated by a municipality pursuant to any arrangement, understanding, or agreement created or entered into pursuant to this chapter, the Metropolitan Airport Authority Act, compiled in chapter 4 of this title, or any other statutory provisions, is located outside the territorial limits of the municipality, it shall, subject to federal and state laws, rules, and regulations, be under the jurisdiction and control of the municipality controlling or operating it. Any vocation, occupation, business or business activity located or conducted upon the premises, grounds and/or property of any such airport or other air navigation facility shall be subject to being taxed both by any municipality or county in which the airport or other air navigation facility is actually located and by any municipality controlling or operating the airport or air navigation facility to the extent and in the manner provided by law. (B) (i) Subdivision (a)(2) does not apply to counties having a population of between two hundred eighty-five thousand (285,000) and two hundred ninety thousand (290,000), according to the 1980 federal census. (ii) Subdivision (a)(2) does not apply to any county having a population of: not less than nor more than 100,000 200,000 450,000 550,000 600,001 according to the 1980 federal census or any subsequent federal census. (iii) Subdivision (a)(2) does not apply to any county having a metropolitan form of government. (iv) Subdivision (a)(2) does not apply to any municipality or county creating, controlling, or operating, in part, an airport or air navigation facility created, controlled, or operated, in part, by at least four (4) political subdivisions of this state and a political subdivision of an adjacent state, which airport is located outside the territorial limits of the municipality or county.
(1) A municipality that has established or acquired, or that may hereafter establish or acquire, an airport or air navigation facility, is authorized to adopt, amend and repeal such reasonable ordinances, resolutions, rules and regulations and orders as it shall deem necessary for the management, government and use of the airport or air navigation facility under its control, whether situated within or without the territorial limits of the municipality. For the enforcement thereof, the municipality may, by ordinance or resolution, as may by law be appropriate, appoint airport guards or police, with full police powers and fix penalties, within the limits prescribed by law, for the violation of the ordinances, resolutions, rules, regulations and orders. These penalties shall be enforced in the same manner in which penalties prescribed by other ordinances or resolutions of the municipality are enforced.
(2) (A) To the extent that an airport or other air navigation facility controlled or operated by a municipality pursuant to any arrangement, understanding, or agreement created or entered into pursuant to this chapter, the Metropolitan Airport Authority Act, compiled in chapter 4 of this title, or any other statutory provisions, is located outside the territorial limits of the municipality, it shall, subject to federal and state laws, rules, and regulations, be under the jurisdiction and control of the municipality controlling or operating it. Any vocation, occupation, business or business activity located or conducted upon the premises, grounds and/or property of any such airport or other air navigation facility shall be subject to being taxed both by any municipality or county in which the airport or other air navigation facility is actually located and by any municipality controlling or operating the airport or air navigation facility to the extent and in the manner provided by law. (B) (i) Subdivision (a)(2) does not apply to counties having a population of between two hundred eighty-five thousand (285,000) and two hundred ninety thousand (290,000), according to the 1980 federal census. (ii) Subdivision (a)(2) does not apply to any county having a population of: not less than nor more than 100,000 200,000 450,000 550,000 600,001 according to the 1980 federal census or any subsequent federal census. (iii) Subdivision (a)(2) does not apply to any county having a metropolitan form of government. (iv) Subdivision (a)(2) does not apply to any municipality or county creating, controlling, or operating, in part, an airport or air navigation facility created, controlled, or operated, in part, by at least four (4) political subdivisions of this state and a political subdivision of an adjacent state, which airport is located outside the territorial limits of the municipality or county.
(A) To the extent that an airport or other air navigation facility controlled or operated by a municipality pursuant to any arrangement, understanding, or agreement created or entered into pursuant to this chapter, the Metropolitan Airport Authority Act, compiled in chapter 4 of this title, or any other statutory provisions, is located outside the territorial limits of the municipality, it shall, subject to federal and state laws, rules, and regulations, be under the jurisdiction and control of the municipality controlling or operating it. Any vocation, occupation, business or business activity located or conducted upon the premises, grounds and/or property of any such airport or other air navigation facility shall be subject to being taxed both by any municipality or county in which the airport or other air navigation facility is actually located and by any municipality controlling or operating the airport or air navigation facility to the extent and in the manner provided by law.
(B) (i) Subdivision (a)(2) does not apply to counties having a population of between two hundred eighty-five thousand (285,000) and two hundred ninety thousand (290,000), according to the 1980 federal census. (ii) Subdivision (a)(2) does not apply to any county having a population of: not less than nor more than 100,000 200,000 450,000 550,000 600,001 according to the 1980 federal census or any subsequent federal census. (iii) Subdivision (a)(2) does not apply to any county having a metropolitan form of government. (iv) Subdivision (a)(2) does not apply to any municipality or county creating, controlling, or operating, in part, an airport or air navigation facility created, controlled, or operated, in part, by at least four (4) political subdivisions of this state and a political subdivision of an adjacent state, which airport is located outside the territorial limits of the municipality or county.
(i) Subdivision (a)(2) does not apply to counties having a population of between two hundred eighty-five thousand (285,000) and two hundred ninety thousand (290,000), according to the 1980 federal census.
(ii) Subdivision (a)(2) does not apply to any county having a population of: not less than nor more than 100,000 200,000 450,000 550,000 600,001 according to the 1980 federal census or any subsequent federal census.
not less than nor more than 100,000 200,000 450,000 550,000 600,001
not less than
nor more than
100,000
200,000
450,000
550,000
600,001
according to the 1980 federal census or any subsequent federal census.
(iii) Subdivision (a)(2) does not apply to any county having a metropolitan form of government.
(iv) Subdivision (a)(2) does not apply to any municipality or county creating, controlling, or operating, in part, an airport or air navigation facility created, controlled, or operated, in part, by at least four (4) political subdivisions of this state and a political subdivision of an adjacent state, which airport is located outside the territorial limits of the municipality or county.
(b) No ordinance, resolution, rule, regulation or order adopted by a municipality pursuant to this chapter shall be inconsistent with, or contrary to, any act of the Congress of the United States, or laws of this state, or to any regulations promulgated or standards established pursuant thereto.
Acts 1957, ch. 375, § 8; T.C.A., § 42-313; Acts 1983, ch. 466, §§ 1, 4-7.
Tenn. Code Ann. § 42-3-101 — TN Code / Title 42 / Chapter 3 / Section 42-3-101
Short title
Status: in_force

This chapter shall be known and may be cited as the "Airport Authorities Act." Acts 1957, ch. 376, § 22; T.C.A., § 42-601.
This chapter shall be known and may be cited as the "Airport Authorities Act."
Acts 1957, ch. 376, § 22; T.C.A., § 42-601.
Tenn. Code Ann. § 42-1-204 — TN Code / Title 42 / Chapter 1 / Section 42-1-204
Penalty for violating other provisions
Status: in_force

(a) Any person violating any provision of this part other than the provisions of §§ 42-1-201 and 42-1-203 commits a Class A misdemeanor. (b) For any violation of § 42-1-202 , in addition to, or in lieu of, the penalties provided in subsection (a), or as a condition to the suspension of a sentence that may be imposed pursuant thereto, the court in its discretion may prohibit the violator from operating an aircraft within the state for such period as it may determine, but not to exceed one (1) year. A violation of the duly imposed prohibition of the court may be treated as a separate offense under § 42-2-105 or as a contempt of court. Acts 1947, ch. 132, § 4; C. Supp. 1950, § 2726.4 (Williams, § 2726.65); Acts 1957, ch. 374, § 21; T.C.A. (orig. ed.), § 42-115; Acts 1989, ch. 591, § 111; 1994, ch. 797, §§ 5, 6.
(a) Any person violating any provision of this part other than the provisions of §§ 42-1-201 and 42-1-203 commits a Class A misdemeanor.
(b) For any violation of § 42-1-202 , in addition to, or in lieu of, the penalties provided in subsection (a), or as a condition to the suspension of a sentence that may be imposed pursuant thereto, the court in its discretion may prohibit the violator from operating an aircraft within the state for such period as it may determine, but not to exceed one (1) year. A violation of the duly imposed prohibition of the court may be treated as a separate offense under § 42-2-105 or as a contempt of court.
Acts 1947, ch. 132, § 4; C. Supp. 1950, § 2726.4 (Williams, § 2726.65); Acts 1957, ch. 374, § 21; T.C.A. (orig. ed.), § 42-115; Acts 1989, ch. 591, § 111; 1994, ch. 797, §§ 5, 6.
Tenn. Code Ann. § 42-6-116 — TN Code / Title 42 / Chapter 6 / Section 42-6-116
Incompatible use prohibited - Airport noise compatibility plan not required
Status: in_force

(a) (1) Notwithstanding this chapter or any zoning ordinance or resolution created under the powers granted pursuant to title 13, chapter 7, part 1 or 2, or pursuant to any private act, no structure shall be erected or use of land approved that would create an incompatible use. The appropriate local governing body shall give adequate notice to any affected airport governing body of any proposal for a zoning classification change or building variance before the local governing body considers the change or variance. (2) Any airport that has not conducted an airport noise compatibility plan, pursuant to title 14 of the Code of Federal Regulations, part 150, shall not be required to conduct such a study, nor shall it be required to adopt zoning for purposes of addressing incompatible use. (b) Subsection (a) does not apply in any county having a metropolitan form of government and having a population greater than one hundred thousand (100,000), according to the 1990 federal census or any subsequent federal census. Acts 1992, ch. 594, §§ 5, 6.
(a) (1) Notwithstanding this chapter or any zoning ordinance or resolution created under the powers granted pursuant to title 13, chapter 7, part 1 or 2, or pursuant to any private act, no structure shall be erected or use of land approved that would create an incompatible use. The appropriate local governing body shall give adequate notice to any affected airport governing body of any proposal for a zoning classification change or building variance before the local governing body considers the change or variance. (2) Any airport that has not conducted an airport noise compatibility plan, pursuant to title 14 of the Code of Federal Regulations, part 150, shall not be required to conduct such a study, nor shall it be required to adopt zoning for purposes of addressing incompatible use.
(1) Notwithstanding this chapter or any zoning ordinance or resolution created under the powers granted pursuant to title 13, chapter 7, part 1 or 2, or pursuant to any private act, no structure shall be erected or use of land approved that would create an incompatible use. The appropriate local governing body shall give adequate notice to any affected airport governing body of any proposal for a zoning classification change or building variance before the local governing body considers the change or variance.
(2) Any airport that has not conducted an airport noise compatibility plan, pursuant to title 14 of the Code of Federal Regulations, part 150, shall not be required to conduct such a study, nor shall it be required to adopt zoning for purposes of addressing incompatible use.
(b) Subsection (a) does not apply in any county having a metropolitan form of government and having a population greater than one hundred thousand (100,000), according to the 1990 federal census or any subsequent federal census.
Acts 1992, ch. 594, §§ 5, 6.
Tenn. Code Ann. § 42-3-204 — TN Code / Title 42 / Chapter 3 / Section 42-3-204
Limitations on joint board
Status: in_force

(a) Exemptions. The total expenditures to be made by the joint board for any purpose in any calendar year shall be as determined by a budget approved by the constituent public agencies on or before the preceding fiscal year, or as otherwise specifically authorized by the constituent public agencies. (b) Acquisitions Beyond Sums Allotted. No airport, air navigation facility, avigation easement, airport hazard, or real or personal property, the cost of which is in excess of sums fixed therefor by the joint agreement or allotted in the annual budget, may be acquired, established or developed 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 by the joint board only by authority of the governing bodies of the constituent public agencies of the joint board. If so authorized, such proceedings shall be instituted in the names of the constituent public agencies jointly, and the property so acquired shall be held by the public agencies as tenants in common. (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 contracts, leases or other arrangements contemplated by § 42-3-112 . (e) Regulations and Orders. Any resolutions, rules, regulations or orders of the joint board dealing with subjects authorized by § 42-3-112 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, rules, regulations or orders of each public agency would have in its own territory or jurisdiction. Acts 1957, ch. 376, § 14; T.C.A., § 42-618.
(a) Exemptions. The total expenditures to be made by the joint board for any purpose in any calendar year shall be as determined by a budget approved by the constituent public agencies on or before the preceding fiscal year, or as otherwise specifically authorized by the constituent public agencies.
(b) Acquisitions Beyond Sums Allotted. No airport, air navigation facility, avigation easement, airport hazard, or real or personal property, the cost of which is in excess of sums fixed therefor by the joint agreement or allotted in the annual budget, may be acquired, established or developed 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 by the joint board only by authority of the governing bodies of the constituent public agencies of the joint board. If so authorized, such proceedings shall be instituted in the names of the constituent public agencies jointly, and the property so acquired shall be held by the public agencies as tenants in common.
(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 contracts, leases or other arrangements contemplated by § 42-3-112 .
(e) Regulations and Orders. Any resolutions, rules, regulations or orders of the joint board dealing with subjects authorized by § 42-3-112 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, rules, regulations or orders of each public agency would have in its own territory or jurisdiction.
Acts 1957, ch. 376, § 14; T.C.A., § 42-618.
Tenn. Code Ann. § 42-2-203 — TN Code / Title 42 / Chapter 2 / Section 42-2-203
Municipal airports
Status: in_force

(a) Technical Services of the Department. The department may, insofar as it is reasonably possible, make available the engineering and other technical services of the department, with or without charge, to any municipality, whether acting alone or with any other municipality or with the state, or person desiring them, in connection with the planning, acquisition, construction, improvement, maintenance or operation of airports, air navigation facilities, avigation easements or the acquisition, lighting, marking, or elimination of airport hazards. (b) State Financial Assistance. The department may render financial assistance by grant or loan or both to any municipality or municipalities acting jointly, whether acting alone or with any other municipality or with the state, in the planning, acquisition, construction, improvement, maintenance, or operation of an airport owned or controlled, or to be owned or controlled by such municipality or municipalities, out of appropriations made by the general assembly for such purposes. This financial assistance may be furnished in connection with federal or other financial aid for the same purposes. (c) Federal Aid; Other Available Funds; Technical Design Coordination with Department. (1) The department may act as agent for any individual municipality or municipalities acting jointly, in accepting, receiving, receipting for and disbursing federal moneys, and other moneys, public or private, made available to finance, in whole or in part, the planning, acquisition, construction, improvement, maintenance, equipment or operation of a municipal airport, air navigation facility, avigation easement, or the acquisition, elimination, obstruction marking or obstruction lighting of airport hazards, and if requested by an individual municipality or municipalities acting jointly, may act as its or their agent in contracting for and supervising any planning, acquisition, construction, improvement, maintenance, equipment, operation, or elimination; and all municipalities are authorized to designate the department as their agent for the foregoing purposes. The department, as principal on behalf of the state, and any municipality on its own behalf, may enter into any contracts, with each other or with the United States or with any person, that may be required in connection with a grant or loan of federal moneys for municipal airport, air navigation facility, avigation easement, or airport hazard purposes. All federal moneys accepted under this section shall then be transferred or expended by the department upon the terms and conditions prescribed by the United States. All moneys received by the department pursuant to this section shall be deposited in the state treasury, and, unless otherwise prescribed by the authority from which the moneys are received, shall be kept in separate funds designated according to the purposes for which the moneys were made available, subject to disbursement by order of the department for such purposes. (2) Any proposed construction activity that would involve any source of funding other than the department shall be subject to technical design coordination with the department and the receipt of its approval to ensure consistency with the state's airport system plan, unless such proposal would involve facilities for the use of the airlines or the military. Acts 1957, ch. 374, § 6; 1972, ch. 829, § 21; 1977, ch. 137, § 5; T.C.A., §§ 42-213, 42-2-112.
(a) Technical Services of the Department. The department may, insofar as it is reasonably possible, make available the engineering and other technical services of the department, with or without charge, to any municipality, whether acting alone or with any other municipality or with the state, or person desiring them, in connection with the planning, acquisition, construction, improvement, maintenance or operation of airports, air navigation facilities, avigation easements or the acquisition, lighting, marking, or elimination of airport hazards.
(b) State Financial Assistance. The department may render financial assistance by grant or loan or both to any municipality or municipalities acting jointly, whether acting alone or with any other municipality or with the state, in the planning, acquisition, construction, improvement, maintenance, or operation of an airport owned or controlled, or to be owned or controlled by such municipality or municipalities, out of appropriations made by the general assembly for such purposes. This financial assistance may be furnished in connection with federal or other financial aid for the same purposes.
(c) Federal Aid; Other Available Funds; Technical Design Coordination with Department. (1) The department may act as agent for any individual municipality or municipalities acting jointly, in accepting, receiving, receipting for and disbursing federal moneys, and other moneys, public or private, made available to finance, in whole or in part, the planning, acquisition, construction, improvement, maintenance, equipment or operation of a municipal airport, air navigation facility, avigation easement, or the acquisition, elimination, obstruction marking or obstruction lighting of airport hazards, and if requested by an individual municipality or municipalities acting jointly, may act as its or their agent in contracting for and supervising any planning, acquisition, construction, improvement, maintenance, equipment, operation, or elimination; and all municipalities are authorized to designate the department as their agent for the foregoing purposes. The department, as principal on behalf of the state, and any municipality on its own behalf, may enter into any contracts, with each other or with the United States or with any person, that may be required in connection with a grant or loan of federal moneys for municipal airport, air navigation facility, avigation easement, or airport hazard purposes. All federal moneys accepted under this section shall then be transferred or expended by the department upon the terms and conditions prescribed by the United States. All moneys received by the department pursuant to this section shall be deposited in the state treasury, and, unless otherwise prescribed by the authority from which the moneys are received, shall be kept in separate funds designated according to the purposes for which the moneys were made available, subject to disbursement by order of the department for such purposes. (2) Any proposed construction activity that would involve any source of funding other than the department shall be subject to technical design coordination with the department and the receipt of its approval to ensure consistency with the state's airport system plan, unless such proposal would involve facilities for the use of the airlines or the military.
(1) The department may act as agent for any individual municipality or municipalities acting jointly, in accepting, receiving, receipting for and disbursing federal moneys, and other moneys, public or private, made available to finance, in whole or in part, the planning, acquisition, construction, improvement, maintenance, equipment or operation of a municipal airport, air navigation facility, avigation easement, or the acquisition, elimination, obstruction marking or obstruction lighting of airport hazards, and if requested by an individual municipality or municipalities acting jointly, may act as its or their agent in contracting for and supervising any planning, acquisition, construction, improvement, maintenance, equipment, operation, or elimination; and all municipalities are authorized to designate the department as their agent for the foregoing purposes. The department, as principal on behalf of the state, and any municipality on its own behalf, may enter into any contracts, with each other or with the United States or with any person, that may be required in connection with a grant or loan of federal moneys for municipal airport, air navigation facility, avigation easement, or airport hazard purposes. All federal moneys accepted under this section shall then be transferred or expended by the department upon the terms and conditions prescribed by the United States. All moneys received by the department pursuant to this section shall be deposited in the state treasury, and, unless otherwise prescribed by the authority from which the moneys are received, shall be kept in separate funds designated according to the purposes for which the moneys were made available, subject to disbursement by order of the department for such purposes.
(2) Any proposed construction activity that would involve any source of funding other than the department shall be subject to technical design coordination with the department and the receipt of its approval to ensure consistency with the state's airport system plan, unless such proposal would involve facilities for the use of the airlines or the military.
Acts 1957, ch. 374, § 6; 1972, ch. 829, § 21; 1977, ch. 137, § 5; T.C.A., §§ 42-213, 42-2-112.
Tenn. Code Ann. § 42-5-104 — TN Code / Title 42 / Chapter 5 / Section 42-5-104
Acquisition of existing airports
Status: in_force

The municipality may by purchase, gift, devise, lease, eminent domain proceedings or otherwise, acquire existing airports and air navigation facilities; provided, that it shall not acquire or take over any airport or air navigation facility owned or controlled by another municipality or public agency of this or any other state without the consent of the municipality or public agency. Acts 1957, ch. 375, § 2; T.C.A., § 42-304.
The municipality may by purchase, gift, devise, lease, eminent domain proceedings or otherwise, acquire existing airports and air navigation facilities; provided, that it shall not acquire or take over any airport or air navigation facility owned or controlled by another municipality or public agency of this or any other state without the consent of the municipality or public agency.
Acts 1957, ch. 375, § 2; T.C.A., § 42-304.
Tenn. Code Ann. § 42-5-109 — TN Code / Title 42 / Chapter 5 / Section 42-5-109
Disposal of airport property
Status: in_force

Except as may be limited by the terms and conditions of any grant, loan or agreement pursuant to § 42-5-119 , every municipality may, by sale, lease or otherwise, dispose of any airport, air navigation facility or other property, or portion thereof or interest therein, acquired pursuant to this chapter, subject, however, to any contractual obligations with respect thereto. Disposal by sale, lease or otherwise shall be in accordance with the laws of this state, or provisions of the charter of the municipality, governing the disposition of other property of the municipality, except that in the case of disposal to another municipality or agency of the state or federal government for aeronautical purposes incident thereto, the sale, lease or other disposal may be effected in such manner and upon such terms as the governing body of the municipality may deem in the best interest of the municipality. Acts 1957, ch. 375, § 4; 1961, ch. 322, § 1; T.C.A., § 42-309.
Except as may be limited by the terms and conditions of any grant, loan or agreement pursuant to § 42-5-119 , every municipality may, by sale, lease or otherwise, dispose of any airport, air navigation facility or other property, or portion thereof or interest therein, acquired pursuant to this chapter, subject, however, to any contractual obligations with respect thereto. Disposal by sale, lease or otherwise shall be in accordance with the laws of this state, or provisions of the charter of the municipality, governing the disposition of other property of the municipality, except that in the case of disposal to another municipality or agency of the state or federal government for aeronautical purposes incident thereto, the sale, lease or other disposal may be effected in such manner and upon such terms as the governing body of the municipality may deem in the best interest of the municipality.
Acts 1957, ch. 375, § 4; 1961, ch. 322, § 1; T.C.A., § 42-309.
Tenn. Code Ann. § 42-2-213 — TN Code / Title 42 / Chapter 2 / Section 42-2-213
Federal-state joint hearings - Reciprocal services - Accident reporting
Status: in_force

(a) The department is authorized to confer with or to hold joint hearings with any agency of the United States in connection with any matter arising under this chapter, or relating to the sound development of aeronautics. (b) The department is authorized to avail itself of the cooperation, services, records and facilities of the agencies of the United States as fully as may be practicable in the administration and enforcement of this chapter. The department shall furnish to the agencies of the United States its cooperation, services, records and facilities, insofar as may be practicable. (c) The department shall report to the appropriate agency of the United States all accidents in aeronautics in this state of which it is informed, and shall insofar as is practicable preserve, protect and prevent the removal of the component parts of any aircraft involved in an accident being investigated by it until the federal agency institutes an investigation. Acts 1957, ch. 374, § 17; 1972, ch. 829, § 21; T.C.A., §§ 42-225, 42-2-124.
(a) The department is authorized to confer with or to hold joint hearings with any agency of the United States in connection with any matter arising under this chapter, or relating to the sound development of aeronautics.
(b) The department is authorized to avail itself of the cooperation, services, records and facilities of the agencies of the United States as fully as may be practicable in the administration and enforcement of this chapter. The department shall furnish to the agencies of the United States its cooperation, services, records and facilities, insofar as may be practicable.
(c) The department shall report to the appropriate agency of the United States all accidents in aeronautics in this state of which it is informed, and shall insofar as is practicable preserve, protect and prevent the removal of the component parts of any aircraft involved in an accident being investigated by it until the federal agency institutes an investigation.
Acts 1957, ch. 374, § 17; 1972, ch. 829, § 21; T.C.A., §§ 42-225, 42-2-124.
Tenn. Code Ann. § 42-8-105 — TN Code / Title 42 / Chapter 8 / Section 42-8-105
Applicability - Stricter standards
Status: in_force

(a) This chapter shall not affect existing or future land use restrictions adopted by an incorporated city or town in a tourist resort county greater than those stated in this chapter. (b) This chapter does not apply to any county that has countywide zoning. If a county adopts countywide zoning after April 23, 1992, then this chapter shall not be applicable to such county. (c) Notwithstanding subsection (b), this chapter shall be applicable in premier type tourist resorts as defined in § 67-6-103 , and located in a tourist resort county as defined in § 42-8-101 . Acts 1992, ch. 727, §§6, 7; 2007 , ch. 227, § 2.
(a) This chapter shall not affect existing or future land use restrictions adopted by an incorporated city or town in a tourist resort county greater than those stated in this chapter.
(b) This chapter does not apply to any county that has countywide zoning. If a county adopts countywide zoning after April 23, 1992, then this chapter shall not be applicable to such county.
(c) Notwithstanding subsection (b), this chapter shall be applicable in premier type tourist resorts as defined in § 67-6-103 , and located in a tourist resort county as defined in § 42-8-101 .
Acts 1992, ch. 727, §§6, 7; 2007 , ch. 227, § 2.
Tenn. Code Ann. § 42-4-110 — TN Code / Title 42 / Chapter 4 / Section 42-4-110
Civil service
Status: in_force

(a) The authority, by action of its board, may elect to come under the civil service plan of the creating municipality, to be administered by the civil service commission or board of the municipality; or may adopt its own civil service plan to be administered by the board, which plan shall include, but need not be limited to, the following provisions: (1) Entry into the service on the basis of open competition; and service, promotions and remuneration on the basis of merit, efficiency and fitness; (2) Classifications of the positions in the service; (3) The rating of candidates on the basis of publicly announced job requirements and the maintenance of lists of eligible candidates; (4) Employment of candidates from the eligible lists in the highest qualified rating; (5) Probationary periods not to exceed six (6) months unless extended for disciplinary reasons; (6) Suspensions, demotions or discharge of employees for cause only with the right of notice and review; (7) Schedules of compensation and pay increases prepared by the president, or the president's designee, and approved by the board; (8) Promotion on the basis of ascertained merit, seniority in service, and satisfaction of job requirements; (9) Provision for keeping service records on all employees; (10) Regulations for hours of work, attendance, holidays, leaves of absence and transfers; and procedures for layoffs, discharge, suspension, discipline and reinstatement; and (11) Review by the board, or its designee pursuant to subsection (c), at the request of the employee in question and after notice and public hearing of disciplinary actions, including demotion, suspension in excess of five (5) days or discharge of any employee, which disciplinary actions, suspension or discharge may be affirmed or reversed. Findings of fact by the board shall not be subject to review by any court except for illegality or want of jurisdiction. (b) A civil service plan adopted and administered by the board may include a provision exempting from the plan those persons employed to render professional, scientific, technical or expert service of a temporary or unusual character; persons primarily employed on projects funded from the proceeds of bonds issued by the authority or from grants or loans to be repaid from the proceeds of bonds issued by the authority or from grants received by the authority; and persons employed for a period of less than six (6) months in any twelve-month period or working thirty (30) hours or less per week. (c) A civil service plan adopted and administered by the board may include a provision empowering the board to contract with the secretary of state for the use of administrative law judges duly appointed pursuant to § 4-5-102(1) , or to delegate to any other designated persons, on a case-by-case basis, the authority to hear appeals and decide whether any disciplinary action taken should be affirmed or reversed. Acts 1969, ch. 174, § 10; T.C.A., § 42-710; Acts 1984, ch. 853, § 3; 1998, ch. 744, § 1.
(a) The authority, by action of its board, may elect to come under the civil service plan of the creating municipality, to be administered by the civil service commission or board of the municipality; or may adopt its own civil service plan to be administered by the board, which plan shall include, but need not be limited to, the following provisions: (1) Entry into the service on the basis of open competition; and service, promotions and remuneration on the basis of merit, efficiency and fitness; (2) Classifications of the positions in the service; (3) The rating of candidates on the basis of publicly announced job requirements and the maintenance of lists of eligible candidates; (4) Employment of candidates from the eligible lists in the highest qualified rating; (5) Probationary periods not to exceed six (6) months unless extended for disciplinary reasons; (6) Suspensions, demotions or discharge of employees for cause only with the right of notice and review; (7) Schedules of compensation and pay increases prepared by the president, or the president's designee, and approved by the board; (8) Promotion on the basis of ascertained merit, seniority in service, and satisfaction of job requirements; (9) Provision for keeping service records on all employees; (10) Regulations for hours of work, attendance, holidays, leaves of absence and transfers; and procedures for layoffs, discharge, suspension, discipline and reinstatement; and (11) Review by the board, or its designee pursuant to subsection (c), at the request of the employee in question and after notice and public hearing of disciplinary actions, including demotion, suspension in excess of five (5) days or discharge of any employee, which disciplinary actions, suspension or discharge may be affirmed or reversed. Findings of fact by the board shall not be subject to review by any court except for illegality or want of jurisdiction.
(1) Entry into the service on the basis of open competition; and service, promotions and remuneration on the basis of merit, efficiency and fitness;
(2) Classifications of the positions in the service;
(3) The rating of candidates on the basis of publicly announced job requirements and the maintenance of lists of eligible candidates;
(4) Employment of candidates from the eligible lists in the highest qualified rating;
(5) Probationary periods not to exceed six (6) months unless extended for disciplinary reasons;
(6) Suspensions, demotions or discharge of employees for cause only with the right of notice and review;
(7) Schedules of compensation and pay increases prepared by the president, or the president's designee, and approved by the board;
(8) Promotion on the basis of ascertained merit, seniority in service, and satisfaction of job requirements;
(9) Provision for keeping service records on all employees;
(10) Regulations for hours of work, attendance, holidays, leaves of absence and transfers; and procedures for layoffs, discharge, suspension, discipline and reinstatement; and
(11) Review by the board, or its designee pursuant to subsection (c), at the request of the employee in question and after notice and public hearing of disciplinary actions, including demotion, suspension in excess of five (5) days or discharge of any employee, which disciplinary actions, suspension or discharge may be affirmed or reversed. Findings of fact by the board shall not be subject to review by any court except for illegality or want of jurisdiction.
(b) A civil service plan adopted and administered by the board may include a provision exempting from the plan those persons employed to render professional, scientific, technical or expert service of a temporary or unusual character; persons primarily employed on projects funded from the proceeds of bonds issued by the authority or from grants or loans to be repaid from the proceeds of bonds issued by the authority or from grants received by the authority; and persons employed for a period of less than six (6) months in any twelve-month period or working thirty (30) hours or less per week.
(c) A civil service plan adopted and administered by the board may include a provision empowering the board to contract with the secretary of state for the use of administrative law judges duly appointed pursuant to § 4-5-102(1) , or to delegate to any other designated persons, on a case-by-case basis, the authority to hear appeals and decide whether any disciplinary action taken should be affirmed or reversed.
Acts 1969, ch. 174, § 10; T.C.A., § 42-710; Acts 1984, ch. 853, § 3; 1998, ch. 744, § 1.
Tenn. Code Ann. § 42-3-201 — TN Code / Title 42 / Chapter 3 / Section 42-3-201
Joint operations authorized
Status: in_force

(a) For the purposes of this part, unless otherwise qualified: (1) "Governing body" includes the commissioners of an authority, the governing body of a municipality and the head of an agency of a state or the United States if the public agency is other than an authority or municipality; and (2) "Public agency" includes municipality and authority, each as defined in this chapter, any agency of the state government and of the United States, and any municipality, political subdivision and agency of an adjoining state. (b) (1) All powers, privileges and authority granted by this chapter may be exercised and enjoyed by an authority jointly with any public agency of this state, and jointly with any public agency of any adjoining state or of the United States to the extent that the laws of the other state or of the United States permit such joint exercise of enjoyment. (2) Any agency of the state government, when acting jointly with any authority, may exercise and enjoy all the powers, privileges and authority conferred by this chapter upon an authority. Acts 1957, ch. 376, § 14; T.C.A., § 42-615.
(a) For the purposes of this part, unless otherwise qualified: (1) "Governing body" includes the commissioners of an authority, the governing body of a municipality and the head of an agency of a state or the United States if the public agency is other than an authority or municipality; and (2) "Public agency" includes municipality and authority, each as defined in this chapter, any agency of the state government and of the United States, and any municipality, political subdivision and agency of an adjoining state.
(1) "Governing body" includes the commissioners of an authority, the governing body of a municipality and the head of an agency of a state or the United States if the public agency is other than an authority or municipality; and
(2) "Public agency" includes municipality and authority, each as defined in this chapter, any agency of the state government and of the United States, and any municipality, political subdivision and agency of an adjoining state.
(b) (1) All powers, privileges and authority granted by this chapter may be exercised and enjoyed by an authority jointly with any public agency of this state, and jointly with any public agency of any adjoining state or of the United States to the extent that the laws of the other state or of the United States permit such joint exercise of enjoyment. (2) Any agency of the state government, when acting jointly with any authority, may exercise and enjoy all the powers, privileges and authority conferred by this chapter upon an authority.
(1) All powers, privileges and authority granted by this chapter may be exercised and enjoyed by an authority jointly with any public agency of this state, and jointly with any public agency of any adjoining state or of the United States to the extent that the laws of the other state or of the United States permit such joint exercise of enjoyment.
(2) Any agency of the state government, when acting jointly with any authority, may exercise and enjoy all the powers, privileges and authority conferred by this chapter upon an authority.
Acts 1957, ch. 376, § 14; T.C.A., § 42-615.
Tenn. Code Ann. § 42-3-118 — TN Code / Title 42 / Chapter 3 / Section 42-3-118
Supplementary authority
Status: in_force

(a) The powers conferred by this chapter are in addition to the powers conferred by any other law, and are not in substitution for such powers, and the limitations imposed by this chapter shall not affect powers conferred by any other law. (b) The powers granted by this chapter may be exercised without regard to requirements, restrictions, or procedural provisions contained in any other law or chapter, except as expressly provided in this chapter. (c) In addition to the general and special powers conferred by this chapter, every authority is authorized to exercise such powers as are necessarily incidental to the exercise of such general and special powers. Acts 1957, ch. 376, § 18; T.C.A., § 42-623; Acts 2011, ch. 139, § 3.
(a) The powers conferred by this chapter are in addition to the powers conferred by any other law, and are not in substitution for such powers, and the limitations imposed by this chapter shall not affect powers conferred by any other law.
(b) The powers granted by this chapter may be exercised without regard to requirements, restrictions, or procedural provisions contained in any other law or chapter, except as expressly provided in this chapter.
(c) In addition to the general and special powers conferred by this chapter, every authority is authorized to exercise such powers as are necessarily incidental to the exercise of such general and special powers.
Acts 1957, ch. 376, § 18; T.C.A., § 42-623; Acts 2011, ch. 139, § 3.
Tenn. Code Ann. § 42-2-214 — TN Code / Title 42 / Chapter 2 / Section 42-2-214
Use of state and municipal facilities and services
Status: in_force

In carrying out this chapter, the department may use the facilities and services of other agencies of the state and of the municipalities of the state to the utmost extent possible, and agencies and municipalities are authorized and directed to make available their facilities and services. Acts 1957, ch. 374, § 18; 1972, ch. 829, § 21; T.C.A., §§ 42-226, 42-2-125.
In carrying out this chapter, the department may use the facilities and services of other agencies of the state and of the municipalities of the state to the utmost extent possible, and agencies and municipalities are authorized and directed to make available their facilities and services.
Acts 1957, ch. 374, § 18; 1972, ch. 829, § 21; T.C.A., §§ 42-226, 42-2-125.
Tenn. Code Ann. § 42-6-103 — TN Code / Title 42 / Chapter 6 / Section 42-6-103
Airport zoning regulations for airport hazard area - Adoption - Enforcement
Status: in_force

(a) In order to prevent the creation or establishment of airport hazards, every municipality or county having an airport hazard area within its territorial limits shall adopt, administer and enforce, under the police power and in the manner and upon the conditions prescribed in this chapter, airport zoning regulations for such airport hazard area, which regulations may divide such area into zones, and, within such zones, specify the land uses permitted and prohibited and regulated and restrict the height to which structures and trees may be erected or allowed to grow; provided, that these regulations are solely for the purposes of preventing airport hazards. (b) Where an airport or an airport hazard area related to such airport, owned or controlled by a municipality, or established in cooperation with the appropriate federal agency, is located either partially or wholly outside the corporate limits of the municipality, the municipality owning or controlling the airport, and the county or counties within which the airport and the airport hazard area are located, shall adopt, by joint resolution, airport zoning regulations, or the county or counties shall authorize by resolution the adoption of such regulations by the municipality. The county or counties shall adopt regulations providing for enforcement by the municipality of the provisions of the ordinance. (c) (1) If, in the judgment of the municipality, the county or counties fail to adopt or enforce reasonably adequate airport zoning regulations for such area, or if the county or counties refuse to participate in some method of jointly adopting and administering airport zoning regulations, the municipality owning or controlling the airport, with the approval of the agency of the state government charged with fostering civil aeronautics, shall itself adopt, administer, and enforce airport zoning regulations for the airport hazard area in question. (2) In the event of conflict between such regulations and any zoning regulations adopted by the county or counties within which the airport hazard area is located, the regulations of the municipality owning or controlling the airport shall govern and prevail. (d) (1) This section applies to airports established in cooperation with the appropriate federal agency. (2) The requirements of adoption of a plan shall be permissive in any county having a metropolitan form of government and having a population of greater than one hundred thousand (100,000), according to the 1990 federal census or any subsequent federal census. Acts 1945, ch. 74, § 3; C. Supp. 1950, § 2726.22 (Williams, § 2726.49); T.C.A. (orig. ed.), § 42-403; Acts 1992, ch. 594, §§ 2-4, 6.
(a) In order to prevent the creation or establishment of airport hazards, every municipality or county having an airport hazard area within its territorial limits shall adopt, administer and enforce, under the police power and in the manner and upon the conditions prescribed in this chapter, airport zoning regulations for such airport hazard area, which regulations may divide such area into zones, and, within such zones, specify the land uses permitted and prohibited and regulated and restrict the height to which structures and trees may be erected or allowed to grow; provided, that these regulations are solely for the purposes of preventing airport hazards.
(b) Where an airport or an airport hazard area related to such airport, owned or controlled by a municipality, or established in cooperation with the appropriate federal agency, is located either partially or wholly outside the corporate limits of the municipality, the municipality owning or controlling the airport, and the county or counties within which the airport and the airport hazard area are located, shall adopt, by joint resolution, airport zoning regulations, or the county or counties shall authorize by resolution the adoption of such regulations by the municipality. The county or counties shall adopt regulations providing for enforcement by the municipality of the provisions of the ordinance.
(c) (1) If, in the judgment of the municipality, the county or counties fail to adopt or enforce reasonably adequate airport zoning regulations for such area, or if the county or counties refuse to participate in some method of jointly adopting and administering airport zoning regulations, the municipality owning or controlling the airport, with the approval of the agency of the state government charged with fostering civil aeronautics, shall itself adopt, administer, and enforce airport zoning regulations for the airport hazard area in question. (2) In the event of conflict between such regulations and any zoning regulations adopted by the county or counties within which the airport hazard area is located, the regulations of the municipality owning or controlling the airport shall govern and prevail.
(1) If, in the judgment of the municipality, the county or counties fail to adopt or enforce reasonably adequate airport zoning regulations for such area, or if the county or counties refuse to participate in some method of jointly adopting and administering airport zoning regulations, the municipality owning or controlling the airport, with the approval of the agency of the state government charged with fostering civil aeronautics, shall itself adopt, administer, and enforce airport zoning regulations for the airport hazard area in question.
(2) In the event of conflict between such regulations and any zoning regulations adopted by the county or counties within which the airport hazard area is located, the regulations of the municipality owning or controlling the airport shall govern and prevail.
(d) (1) This section applies to airports established in cooperation with the appropriate federal agency. (2) The requirements of adoption of a plan shall be permissive in any county having a metropolitan form of government and having a population of greater than one hundred thousand (100,000), according to the 1990 federal census or any subsequent federal census.
(1) This section applies to airports established in cooperation with the appropriate federal agency.
(2) The requirements of adoption of a plan shall be permissive in any county having a metropolitan form of government and having a population of greater than one hundred thousand (100,000), according to the 1990 federal census or any subsequent federal census.
Acts 1945, ch. 74, § 3; C. Supp. 1950, § 2726.22 (Williams, § 2726.49); T.C.A. (orig. ed.), § 42-403; Acts 1992, ch. 594, §§ 2-4, 6.
Tenn. Code Ann. § 42-8-104 — TN Code / Title 42 / Chapter 8 / Section 42-8-104
Violations - Heliport deemed nuisance - Private right of action
Status: in_force

Any heliport operated in violation of this chapter is deemed a public nuisance, causing irreparable injury to the state, the county in which the heliport is located, municipalities located in that county and the residents of the county. In addition to any other remedies or rights of action possessed by any person or governmental unit, persons who reside on land subject to the prohibitions in this chapter have a private right of action against a person operating a heliport in violation of this chapter, and have the right to seek injunctive relief as allowed by law, to recover damages for nuisance, and to recover costs and attorney's fees if the resident is the prevailing party. Acts 1992, ch. 727, § 5.
Any heliport operated in violation of this chapter is deemed a public nuisance, causing irreparable injury to the state, the county in which the heliport is located, municipalities located in that county and the residents of the county. In addition to any other remedies or rights of action possessed by any person or governmental unit, persons who reside on land subject to the prohibitions in this chapter have a private right of action against a person operating a heliport in violation of this chapter, and have the right to seek injunctive relief as allowed by law, to recover damages for nuisance, and to recover costs and attorney's fees if the resident is the prevailing party.
Acts 1992, ch. 727, § 5.
Tenn. Code Ann. § 42-1-109 — TN Code / Title 42 / Chapter 1 / Section 42-1-109
Dropping objects in flight - Penalty
Status: in_force

Any aeronaut or passenger who, while in flight over a thickly inhabited area or over a public gathering within this state, drops any object except loose water or loose sand ballast, commits a Class B misdemeanor. Acts 1923, ch. 30, § 9; Shan. Supp., § 1616a20; Code 1932, § 2724; impl. am. Acts 1947, ch. 132; C. Supp. 1950, § 2724; T.C.A. (orig. ed.), § 42-109; Acts 1989, ch. 591, § 112.
Any aeronaut or passenger who, while in flight over a thickly inhabited area or over a public gathering within this state, drops any object except loose water or loose sand ballast, commits a Class B misdemeanor.
Acts 1923, ch. 30, § 9; Shan. Supp., § 1616a20; Code 1932, § 2724; impl. am. Acts 1947, ch. 132; C. Supp. 1950, § 2724; T.C.A. (orig. ed.), § 42-109; Acts 1989, ch. 591, § 112.
Tenn. Code Ann. § 42-5-101 — TN Code / Title 42 / Chapter 5 / Section 42-5-101
Short title
Status: in_force

This chapter shall be known and may be cited as the "Municipal Airport Act." Acts 1957, ch. 375, § 24; T.C.A., § 42-301.
This chapter shall be known and may be cited as the "Municipal Airport Act."
Acts 1957, ch. 375, § 24; T.C.A., § 42-301.
Tenn. Code Ann. § 42-5-124 — TN Code / Title 42 / Chapter 5 / Section 42-5-124
Supplementary authority
Status: in_force

In addition to the general and special powers conferred by this chapter, every municipality is authorized to exercise such powers as are necessarily incidental to the exercise of such general and special powers. Acts 1957, ch. 375, § 19; T.C.A., § 42-328.
In addition to the general and special powers conferred by this chapter, every municipality is authorized to exercise such powers as are necessarily incidental to the exercise of such general and special powers.
Acts 1957, ch. 375, § 19; T.C.A., § 42-328.
Tenn. Code Ann. § 42-5-106 — TN Code / Title 42 / Chapter 5 / Section 42-5-106
Limitation on design and operation of air navigation facilities
Status: in_force

All air navigation facilities established or operated by municipalities shall be supplementary to and coordinated in design and operation with those established and operated by the federal and state governments. Acts 1957, ch. 375, § 2; T.C.A., § 42-306.
All air navigation facilities established or operated by municipalities shall be supplementary to and coordinated in design and operation with those established and operated by the federal and state governments.
Acts 1957, ch. 375, § 2; T.C.A., § 42-306.
Tenn. Code Ann. § 42-6-115 — TN Code / Title 42 / Chapter 6 / Section 42-6-115
Zoning under special acts
Status: in_force

Nothing contained in this chapter shall be deemed to supplant or modify the provisions of any special or private act relating to the zoning or zoning powers of any municipality or county to which the special or private act is applicable, and all the provisions of the special or private act shall remain in full force and effect; but, insofar as this chapter is not inconsistent with the provisions of such special or private act, this chapter shall apply to the zoning powers and procedure of the municipality or county. Acts 1945, ch. 74, § 14; C. Supp. 1950, § 2726.33 (Williams, § 2726.60); T.C.A. (orig. ed.), § 42-415.
Nothing contained in this chapter shall be deemed to supplant or modify the provisions of any special or private act relating to the zoning or zoning powers of any municipality or county to which the special or private act is applicable, and all the provisions of the special or private act shall remain in full force and effect; but, insofar as this chapter is not inconsistent with the provisions of such special or private act, this chapter shall apply to the zoning powers and procedure of the municipality or county.
Acts 1945, ch. 74, § 14; C. Supp. 1950, § 2726.33 (Williams, § 2726.60); T.C.A. (orig. ed.), § 42-415.
Tenn. Code Ann. § 42-6-105 — TN Code / Title 42 / Chapter 6 / Section 42-6-105
Certification of zoning plan
Status: in_force

Before the chief legislative body of a political subdivision may exercise the powers granted by § 42-6-103 , the zoning plan shall be certified by the agency of the state government charged with fostering civil aeronautics and by a municipal or regional planning commission created under title 13, chapter 4, part 1 or title 13, chapter 4, part 2, if the planning commission exists. Amended by 2015 Tenn. Acts, ch. 72,s 3, eff. 4/6/2015. Acts 1945, ch. 74, § 5; C. Supp. 1950, § 2726.24 (Williams, § 2726.51); impl. am. Acts 1972, ch. 542, §§ 1-3, 15; T.C.A. (orig. ed.), § 42-405.
Before the chief legislative body of a political subdivision may exercise the powers granted by § 42-6-103 , the zoning plan shall be certified by the agency of the state government charged with fostering civil aeronautics and by a municipal or regional planning commission created under title 13, chapter 4, part 1 or title 13, chapter 4, part 2, if the planning commission exists.
Amended by 2015 Tenn. Acts, ch. 72,s 3, eff. 4/6/2015.
Acts 1945, ch. 74, § 5; C. Supp. 1950, § 2726.24 (Williams, § 2726.51); impl. am. Acts 1972, ch. 542, §§ 1-3, 15; T.C.A. (orig. ed.), § 42-405.
Tenn. Code Ann. § 42-4-117 — TN Code / Title 42 / Chapter 4 / Section 42-4-117
Noise compatibility program - Noise abatement study
Status: in_force

(a) Each metropolitan airport authority that has a major airline, air carrier, or air parcel hub operation that undertakes a noise compatibility program under part 150 of the federal air regulations, or any other study relating to noise abatement, shall be required to file a copy of the program or study with the departments of environment and conservation and transportation. All revisions or updates to the program or study also shall be filed with such departments as soon as practicable after their completion. (b) It is the expressed intent of the general assembly that this section be informational to ensure that such departments have access to full and complete data so that these departments are better able to assist and serve the citizens of Tennessee. Acts 1987, ch. 426, § 1; 1992, ch. 693, § 1.
(a) Each metropolitan airport authority that has a major airline, air carrier, or air parcel hub operation that undertakes a noise compatibility program under part 150 of the federal air regulations, or any other study relating to noise abatement, shall be required to file a copy of the program or study with the departments of environment and conservation and transportation. All revisions or updates to the program or study also shall be filed with such departments as soon as practicable after their completion.
(b) It is the expressed intent of the general assembly that this section be informational to ensure that such departments have access to full and complete data so that these departments are better able to assist and serve the citizens of Tennessee.
Acts 1987, ch. 426, § 1; 1992, ch. 693, § 1.
Tenn. Code Ann. § 42-2-217 — TN Code / Title 42 / Chapter 2 / Section 42-2-217
Exchange of violations information
Status: in_force

The department is authorized to report to the appropriate federal agencies and agencies of other states all proceedings instituted charging violation of §§ 42-1-201 , 42-1-202 and 42-2-104 and all penalties, of which it has knowledge, imposed upon pilots or the owners or operators of aircraft for violations of the law of this state relating to aeronautics or for violations of the rules, regulations or orders of the department. The department is authorized to receive reports of penalties and other data from agencies of the federal government and other states and, when necessary, to enter into agreements with federal agencies and the agencies of other states governing the delivery, receipt, exchange and use of reports and data. The department may make the reports and data of the federal agencies, the agencies of other states, and the courts of the state available, with or without request for the reports and data, to any and all courts of this state, and to any officer of the state or of a municipality authorized pursuant to § 42-2-215 to enforce the aeronautics laws. Acts 1957, ch. 374, § 24; 1972, ch. 829, § 21; T.C.A., §§ 42-230, 42-2-129.
The department is authorized to report to the appropriate federal agencies and agencies of other states all proceedings instituted charging violation of §§ 42-1-201 , 42-1-202 and 42-2-104 and all penalties, of which it has knowledge, imposed upon pilots or the owners or operators of aircraft for violations of the law of this state relating to aeronautics or for violations of the rules, regulations or orders of the department. The department is authorized to receive reports of penalties and other data from agencies of the federal government and other states and, when necessary, to enter into agreements with federal agencies and the agencies of other states governing the delivery, receipt, exchange and use of reports and data. The department may make the reports and data of the federal agencies, the agencies of other states, and the courts of the state available, with or without request for the reports and data, to any and all courts of this state, and to any officer of the state or of a municipality authorized pursuant to § 42-2-215 to enforce the aeronautics laws.
Acts 1957, ch. 374, § 24; 1972, ch. 829, § 21; T.C.A., §§ 42-230, 42-2-129.
Tenn. Code Ann. § 42-1-207 — TN Code / Title 42 / Chapter 1 / Section 42-1-207
Armed forces and air shows excepted
Status: in_force

The prohibitions of this part relating to reckless operation of aircraft shall not apply to: (1) Members of the armed forces of the United States, including the flying squadrons of the Tennessee national guard, when engaged in operating aircraft in the course of military or naval flight training requiring the type of flying defined in this part as reckless; or (2) Air show participants who have received prior permit and approval from the department of transportation, whenever the participants are flying within the limits set out in the permit. Acts 1947, ch. 132, § 7; C. Supp. 1950, § 2726.7 (Williams, § 2726.68); impl. am. Acts 1957, ch. 374; impl. am. Acts 1972, ch. 829, § 16; T.C.A. (orig. ed.), § 42-118.
The prohibitions of this part relating to reckless operation of aircraft shall not apply to:
(1) Members of the armed forces of the United States, including the flying squadrons of the Tennessee national guard, when engaged in operating aircraft in the course of military or naval flight training requiring the type of flying defined in this part as reckless; or
(2) Air show participants who have received prior permit and approval from the department of transportation, whenever the participants are flying within the limits set out in the permit.
Acts 1947, ch. 132, § 7; C. Supp. 1950, § 2726.7 (Williams, § 2726.68); impl. am. Acts 1957, ch. 374; impl. am. Acts 1972, ch. 829, § 16; T.C.A. (orig. ed.), § 42-118.
Tenn. Code Ann. § 42-6-112 — TN Code / Title 42 / Chapter 6 / Section 42-6-112
Restriction on zoning regulations
Status: in_force

No airport zoning regulation adopted under this chapter shall require the removal, lowering, or other change or alteration of any structure or tree not conforming to the regulations when adopted or amended, or otherwise interfere with the continuance of any nonconforming use, except as provided in § 42-6-113 . Acts 1945, ch. 74, § 11; C. Supp. 1950, § 2726.30 (Williams, § 2726.57); T.C.A. (orig. ed.), § 42-412.
No airport zoning regulation adopted under this chapter shall require the removal, lowering, or other change or alteration of any structure or tree not conforming to the regulations when adopted or amended, or otherwise interfere with the continuance of any nonconforming use, except as provided in § 42-6-113 .
Acts 1945, ch. 74, § 11; C. Supp. 1950, § 2726.30 (Williams, § 2726.57); T.C.A. (orig. ed.), § 42-412.
Tenn. Code Ann. § 42-6-101 — TN Code / Title 42 / Chapter 6 / Section 42-6-101
Chapter definitions
Status: in_force

As used in this chapter, unless the context otherwise requires: (1) "Airport" means any area of land or water designed and set aside for the landing and taking off of aircraft and utilized or to be utilized in the interest of the public for such purposes; (2) "Airport hazard" means any structure or tree 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; (3) "Airport hazard area" means any area of land or water upon which an airport hazard might be established if not prevented as provided in this chapter; (4) "Incompatible use" means any structure or use of land, as identified in airport noise compatibility planning, in title 14 of the Code of Federal Regulations, part 150, which was promulgated pursuant to the former Aviation Safety and Noise Abatement Act of 1979, 49 U.S.C. § 2101 et seq. [repealed], concerning the exposure of residents or occupants in the vicinity of airports to aircraft noise; provided, that "incompatible use" does not apply in any county having a metropolitan form of government and having a population greater than one hundred thousand (100,000), according to the 1990 federal census or any subsequent federal census; (5) "Person" means any individual, firm, copartnership, corporation, company, association, joint stock association, or body politic and includes any trustee, receiver, assignee, or other similar representative thereof; (6) "Political subdivision" means any municipality or county; (7) "Structure" means any object constructed or installed by humans, including, but not limited to, buildings, towers, smokestacks, and overhead transmission lines; and (8) "Tree" means any object of natural growth. Acts 1945, ch. 74, § 1; C. Supp. 1950, § 2726.20 (Williams, § 2726.47); T.C.A. (orig. ed.), § 42-401; Acts 1992, ch. 594, § 1.
As used in this chapter, unless the context otherwise requires:
(1) "Airport" means any area of land or water designed and set aside for the landing and taking off of aircraft and utilized or to be utilized in the interest of the public for such purposes;
(2) "Airport hazard" means any structure or tree 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;
(3) "Airport hazard area" means any area of land or water upon which an airport hazard might be established if not prevented as provided in this chapter;
(4) "Incompatible use" means any structure or use of land, as identified in airport noise compatibility planning, in title 14 of the Code of Federal Regulations, part 150, which was promulgated pursuant to the former Aviation Safety and Noise Abatement Act of 1979, 49 U.S.C. § 2101 et seq. [repealed], concerning the exposure of residents or occupants in the vicinity of airports to aircraft noise; provided, that "incompatible use" does not apply in any county having a metropolitan form of government and having a population greater than one hundred thousand (100,000), according to the 1990 federal census or any subsequent federal census;
(5) "Person" means any individual, firm, copartnership, corporation, company, association, joint stock association, or body politic and includes any trustee, receiver, assignee, or other similar representative thereof;
(6) "Political subdivision" means any municipality or county;
(7) "Structure" means any object constructed or installed by humans, including, but not limited to, buildings, towers, smokestacks, and overhead transmission lines; and
(8) "Tree" means any object of natural growth.
Acts 1945, ch. 74, § 1; C. Supp. 1950, § 2726.20 (Williams, § 2726.47); T.C.A. (orig. ed.), § 42-401; Acts 1992, ch. 594, § 1.
Tenn. Code Ann. § 42-2-212 — TN Code / Title 42 / Chapter 2 / Section 42-2-212
Investigations - Hearings
Status: in_force

(a) General Power of Department; Accidents; Witnesses; Subpoenas; Court Order. The department, or any person designated by the department, has the power to hold investigations, inquiries and hearings concerning matters covered by this chapter and the rules, regulations, and orders of the department, and concerning accidents in aeronautics within this state. Hearings shall be open to the public, and except as provided in § 42-2-216 , shall be held upon such call or notice as the department may deem advisable. The department, and every person designated by the department to hold any inquiry, investigation or hearing, has the power to administer oaths and affirmations, certify to all official acts, issue subpoenas, and order the attendance and testimony of witnesses and the production of papers, books and documents. In case of the failure of any person to comply with any subpoena or order issued under the authority of this section, the department or its authorized representative may invoke the aid of any court of general jurisdiction of this state. The court may thereupon order that person to comply with the requirements of the subpoena or order or to give evidence touching the matter in question. Failure to obey the order of the court may be punished by the court as contempt of court. (b) Use and Limitations on Reports of Investigations. In order to facilitate the making of investigations by the department in the interest of public safety and promotion of aeronautics the public interest requires, and it is therefore provided, that the reports of investigations or hearings, or any part of the reports, shall not be admitted in evidence or used for any purpose in any suit, action or proceeding growing out of any matter referred to in the investigation, hearing or report, except in case of any suit, action or proceeding, civil or criminal, instituted by or in behalf of the department in the name of the state under this chapter or other laws of the state relating to aeronautics; nor shall the department, or the commissioner, or any agent or employee of the department, be required to testify to any facts ascertained in, or information gained by reason of, its official capacity, or be required to testify as an expert witness in any suit, action or proceeding involving any aircraft. Subject to this subsection (b), the department may in its discretion make available to appropriate federal, state and municipal agencies information and material developed in the course of its investigations and hearings. Acts 1957, ch. 374, § 16; 1972, ch. 829, § 21; T.C.A., §§ 42-224, 42-2-123.
(a) General Power of Department; Accidents; Witnesses; Subpoenas; Court Order. The department, or any person designated by the department, has the power to hold investigations, inquiries and hearings concerning matters covered by this chapter and the rules, regulations, and orders of the department, and concerning accidents in aeronautics within this state. Hearings shall be open to the public, and except as provided in § 42-2-216 , shall be held upon such call or notice as the department may deem advisable. The department, and every person designated by the department to hold any inquiry, investigation or hearing, has the power to administer oaths and affirmations, certify to all official acts, issue subpoenas, and order the attendance and testimony of witnesses and the production of papers, books and documents. In case of the failure of any person to comply with any subpoena or order issued under the authority of this section, the department or its authorized representative may invoke the aid of any court of general jurisdiction of this state. The court may thereupon order that person to comply with the requirements of the subpoena or order or to give evidence touching the matter in question. Failure to obey the order of the court may be punished by the court as contempt of court.
(b) Use and Limitations on Reports of Investigations. In order to facilitate the making of investigations by the department in the interest of public safety and promotion of aeronautics the public interest requires, and it is therefore provided, that the reports of investigations or hearings, or any part of the reports, shall not be admitted in evidence or used for any purpose in any suit, action or proceeding growing out of any matter referred to in the investigation, hearing or report, except in case of any suit, action or proceeding, civil or criminal, instituted by or in behalf of the department in the name of the state under this chapter or other laws of the state relating to aeronautics; nor shall the department, or the commissioner, or any agent or employee of the department, be required to testify to any facts ascertained in, or information gained by reason of, its official capacity, or be required to testify as an expert witness in any suit, action or proceeding involving any aircraft. Subject to this subsection (b), the department may in its discretion make available to appropriate federal, state and municipal agencies information and material developed in the course of its investigations and hearings.
Acts 1957, ch. 374, § 16; 1972, ch. 829, § 21; T.C.A., §§ 42-224, 42-2-123.
Tenn. Code Ann. § 42-2-206 — TN Code / Title 42 / Chapter 2 / Section 42-2-206
State airways
Status: in_force

(a) The department may designate, design, and establish, expand, or modify a state airways system that will best serve the interest of the state. (b) It may chart such airways system and arrange for publication and distribution of such maps, charts, notices and bulletins relating to airways that may be required in the public interest. (c) The system shall be supplementary to and coordinated in design and operation with the federal airways system. (d) The system may include all types of air navigation facilities, whether publicly or privately owned, if such facilities conform to federal safety standards. Acts 1957, ch. 374, § 8; 1972, ch. 829, § 21; T.C.A., §§ 42-216, 42-2-115.
(a) The department may designate, design, and establish, expand, or modify a state airways system that will best serve the interest of the state.
(b) It may chart such airways system and arrange for publication and distribution of such maps, charts, notices and bulletins relating to airways that may be required in the public interest.
(c) The system shall be supplementary to and coordinated in design and operation with the federal airways system.
(d) The system may include all types of air navigation facilities, whether publicly or privately owned, if such facilities conform to federal safety standards.
Acts 1957, ch. 374, § 8; 1972, ch. 829, § 21; T.C.A., §§ 42-216, 42-2-115.
Tenn. Code Ann. § 42-2-226 — TN Code / Title 42 / Chapter 2 / Section 42-2-226
Proceedings before hearing examiners
Status: in_force

In any contested case the department may direct that the proceedings or any part of the proceedings be heard by a hearing examiner to be appointed by the department. Proceedings before a hearing examiner shall be according to this chapter, other applicable laws and the rules of the department. Whenever a contested case, or any part of a contested case, is heard by a hearing examiner, the hearing examiner shall make a proposal for decision in writing, which shall include findings of fact and conclusions of law made by the hearing examiner. The proposal for decision shall be served on all parties of record, and each party who would be adversely affected by the proposed decision shall be given an opportunity to file exceptions and present argument in writing to the department itself. Before the department enters a final order in such cases, the members thereof shall personally consider the entire record, or the portion of the record cited by the parties, and shall make its decision in the form and manner prescribed by this chapter for decisions in contested cases. Acts 1957, ch. 374, § 34; 1972, ch. 829, § 21; T.C.A., §§ 42-240, 42-2-139.
In any contested case the department may direct that the proceedings or any part of the proceedings be heard by a hearing examiner to be appointed by the department. Proceedings before a hearing examiner shall be according to this chapter, other applicable laws and the rules of the department. Whenever a contested case, or any part of a contested case, is heard by a hearing examiner, the hearing examiner shall make a proposal for decision in writing, which shall include findings of fact and conclusions of law made by the hearing examiner. The proposal for decision shall be served on all parties of record, and each party who would be adversely affected by the proposed decision shall be given an opportunity to file exceptions and present argument in writing to the department itself. Before the department enters a final order in such cases, the members thereof shall personally consider the entire record, or the portion of the record cited by the parties, and shall make its decision in the form and manner prescribed by this chapter for decisions in contested cases.
Acts 1957, ch. 374, § 34; 1972, ch. 829, § 21; T.C.A., §§ 42-240, 42-2-139.
Tenn. Code Ann. § 42-3-202 — TN Code / Title 42 / Chapter 3 / Section 42-3-202
Agreement as to joint operation
Status: in_force

(a) (1) Any two (2) or more public agencies may enter into agreements with each other for joint action pursuant to this part. (2) Each agreement shall specify its duration, the proportionate interest that each public agency shall have in the property, facilities and privileges involved in the joint undertaking, the proportion of costs of operation, etc., to be borne by each public agency, and such other terms as are deemed necessary or required by law. (b) The agreement may also provide for amendments and termination; disposal of all or any of the property, facilities and privileges jointly owned, prior to, or at such time as the property, facilities and privileges, or any part of the property, facilities and privileges, cease to be used for the purposes provided in this chapter, or upon termination of the agreement; the distribution of the proceeds received upon any disposal, and of any funds or other property jointly owned and undisposed of; the assumption or payment of any indebtedness arising from the joint undertaking that remains unpaid upon the disposal of all assets or upon a termination of the agreement; and such other provisions as may be necessary or convenient. Acts 1957, ch. 376, § 14; T.C.A., § 42-616.
(a) (1) Any two (2) or more public agencies may enter into agreements with each other for joint action pursuant to this part. (2) Each agreement shall specify its duration, the proportionate interest that each public agency shall have in the property, facilities and privileges involved in the joint undertaking, the proportion of costs of operation, etc., to be borne by each public agency, and such other terms as are deemed necessary or required by law.
(1) Any two (2) or more public agencies may enter into agreements with each other for joint action pursuant to this part.
(2) Each agreement shall specify its duration, the proportionate interest that each public agency shall have in the property, facilities and privileges involved in the joint undertaking, the proportion of costs of operation, etc., to be borne by each public agency, and such other terms as are deemed necessary or required by law.
(b) The agreement may also provide for amendments and termination; disposal of all or any of the property, facilities and privileges jointly owned, prior to, or at such time as the property, facilities and privileges, or any part of the property, facilities and privileges, cease to be used for the purposes provided in this chapter, or upon termination of the agreement; the distribution of the proceeds received upon any disposal, and of any funds or other property jointly owned and undisposed of; the assumption or payment of any indebtedness arising from the joint undertaking that remains unpaid upon the disposal of all assets or upon a termination of the agreement; and such other provisions as may be necessary or convenient.
Acts 1957, ch. 376, § 14; T.C.A., § 42-616.
Tenn. Code Ann. § 42-5-126 — TN Code / Title 42 / Chapter 5 / Section 42-5-126
Interpretation and construction
Status: in_force

This chapter shall be so interpreted and construed as to make uniform as far as possible the laws and regulations of this state and other states and of the government of the United States having to do with the subject of municipal airports. Acts 1957, ch. 375, § 21; T.C.A., § 42-330.
This chapter shall be so interpreted and construed as to make uniform as far as possible the laws and regulations of this state and other states and of the government of the United States having to do with the subject of municipal airports.
Acts 1957, ch. 375, § 21; T.C.A., § 42-330.
Tenn. Code Ann. § 42-2-301 — TN Code / Title 42 / Chapter 2 / Section 42-2-301
Creation
Status: in_force

(a) (1) There is created an advisory agency to be known as the Tennessee aeronautics commission to consist of five (5) members of whom at least one (1) but not more than two (2) shall live in each grand division of the state. (2) The members of the commission shall be appointed by the governor for terms to expire in one (1), two (2), three (3), four (4), and five (5) years, respectively, after July 1, 1969. (3) The successors of the members originally appointed shall be appointed for terms of five (5) years in the same manner as the members originally appointed under this chapter, except that any person appointed to fill a vacancy occurring prior to the expiration of the term for which that person's predecessor was appointed shall be appointed only for the remainder of the term. (4) Each member shall serve until the appointment and qualification of the member's successor. (5) All members shall be citizens and bona fide residents of the state and shall be persons qualified by their knowledge of and experience and interest in aeronautics. (6) To the extent feasible, the commission shall include a person of good standing and reputation in each of the following fields: engineering, law, industry or commerce and finance. (7) At least one (1) member shall be connected with the general aviation industry and at least one (1) member shall be a resident of an urban area. (b) (1) The members shall be paid the sum of twenty-five dollars ($25.00) per day for each day actually spent in the discharge of their official duties; provided, that not in excess of three thousand dollars ($3,000) shall be paid to the chair in any one (1) year; and provided further, that not in excess of one thousand five hundred dollars ($1,500) shall be paid to any one (1) member in one (1) year. In addition, the members shall be reimbursed for actual and necessary expenses incurred by them in the performance of their duties. (2) All reimbursement for travel expenses shall be in accordance with the comprehensive travel regulations as promulgated by the department of finance and administration and approved by the attorney general and reporter. (c) The members may be removed by the governor for inefficiency, neglect of duty, or malfeasance in office in the manner provided by law for the removal of other public officials for like causes. (d) (1) The commission shall, within thirty (30) days after its appointment, organize, adopt a seal, and make such rules and regulations for its administration, not inconsistent with this section, as it may deem expedient, and may from time to time amend and add to the rules and regulations. (2) At the organization meeting it shall elect from among its members a chair, a vice chair, and a secretary, to serve for one (1) year, and annually thereafter shall elect such officers, all to serve until their successors are appointed and qualified. (3) The commission shall at its initial meeting fix the date and place for its regular meeting. (e) (1) Three (3) members shall constitute a quorum, and no action shall be taken by less than a majority of the commission. (2) Special meetings may be called as provided by its rules and regulations. (3) Regular meetings shall be held at the commission's established offices, but, whenever the convenience of the public or of the parties may be promoted, or delay or expense may be prevented, it may hold meetings, hearings, or proceedings at any other place designated by it. (f) The commission shall serve in an advisory capacity to the commissioner and shall have the duty and responsibility to: (1) Assist in the formulation of relevant policy planning; and (2) Approve or disapprove all proposed changes in the state airport system plan, existing under the authority of § 42-2-204 ; provided, that approval or disapproval shall not affect any changes to the airport plan that may be required by the master transportation plan or any changes required to coordinate facilities with any other bureau within the department. 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 ; Acts 2007, ch. 227, § 1.
(a) (1) There is created an advisory agency to be known as the Tennessee aeronautics commission to consist of five (5) members of whom at least one (1) but not more than two (2) shall live in each grand division of the state. (2) The members of the commission shall be appointed by the governor for terms to expire in one (1), two (2), three (3), four (4), and five (5) years, respectively, after July 1, 1969. (3) The successors of the members originally appointed shall be appointed for terms of five (5) years in the same manner as the members originally appointed under this chapter, except that any person appointed to fill a vacancy occurring prior to the expiration of the term for which that person's predecessor was appointed shall be appointed only for the remainder of the term. (4) Each member shall serve until the appointment and qualification of the member's successor. (5) All members shall be citizens and bona fide residents of the state and shall be persons qualified by their knowledge of and experience and interest in aeronautics. (6) To the extent feasible, the commission shall include a person of good standing and reputation in each of the following fields: engineering, law, industry or commerce and finance. (7) At least one (1) member shall be connected with the general aviation industry and at least one (1) member shall be a resident of an urban area.
(1) There is created an advisory agency to be known as the Tennessee aeronautics commission to consist of five (5) members of whom at least one (1) but not more than two (2) shall live in each grand division of the state.
(2) The members of the commission shall be appointed by the governor for terms to expire in one (1), two (2), three (3), four (4), and five (5) years, respectively, after July 1, 1969.
(3) The successors of the members originally appointed shall be appointed for terms of five (5) years in the same manner as the members originally appointed under this chapter, except that any person appointed to fill a vacancy occurring prior to the expiration of the term for which that person's predecessor was appointed shall be appointed only for the remainder of the term.
(4) Each member shall serve until the appointment and qualification of the member's successor.
(5) All members shall be citizens and bona fide residents of the state and shall be persons qualified by their knowledge of and experience and interest in aeronautics.
(6) To the extent feasible, the commission shall include a person of good standing and reputation in each of the following fields: engineering, law, industry or commerce and finance.
(7) At least one (1) member shall be connected with the general aviation industry and at least one (1) member shall be a resident of an urban area.
(b) (1) The members shall be paid the sum of twenty-five dollars ($25.00) per day for each day actually spent in the discharge of their official duties; provided, that not in excess of three thousand dollars ($3,000) shall be paid to the chair in any one (1) year; and provided further, that not in excess of one thousand five hundred dollars ($1,500) shall be paid to any one (1) member in one (1) year. In addition, the members shall be reimbursed for actual and necessary expenses incurred by them in the performance of their duties. (2) All reimbursement for travel expenses shall be in accordance with the comprehensive travel regulations as promulgated by the department of finance and administration and approved by the attorney general and reporter.
(1) The members shall be paid the sum of twenty-five dollars ($25.00) per day for each day actually spent in the discharge of their official duties; provided, that not in excess of three thousand dollars ($3,000) shall be paid to the chair in any one (1) year; and provided further, that not in excess of one thousand five hundred dollars ($1,500) shall be paid to any one (1) member in one (1) year. In addition, the members shall be reimbursed for actual and necessary expenses incurred by them in the performance of their duties.
(2) All reimbursement for travel expenses shall be in accordance with the comprehensive travel regulations as promulgated by the department of finance and administration and approved by the attorney general and reporter.
(c) The members may be removed by the governor for inefficiency, neglect of duty, or malfeasance in office in the manner provided by law for the removal of other public officials for like causes.
(d) (1) The commission shall, within thirty (30) days after its appointment, organize, adopt a seal, and make such rules and regulations for its administration, not inconsistent with this section, as it may deem expedient, and may from time to time amend and add to the rules and regulations. (2) At the organization meeting it shall elect from among its members a chair, a vice chair, and a secretary, to serve for one (1) year, and annually thereafter shall elect such officers, all to serve until their successors are appointed and qualified. (3) The commission shall at its initial meeting fix the date and place for its regular meeting.
(1) The commission shall, within thirty (30) days after its appointment, organize, adopt a seal, and make such rules and regulations for its administration, not inconsistent with this section, as it may deem expedient, and may from time to time amend and add to the rules and regulations.
(2) At the organization meeting it shall elect from among its members a chair, a vice chair, and a secretary, to serve for one (1) year, and annually thereafter shall elect such officers, all to serve until their successors are appointed and qualified.
(3) The commission shall at its initial meeting fix the date and place for its regular meeting.
(e) (1) Three (3) members shall constitute a quorum, and no action shall be taken by less than a majority of the commission. (2) Special meetings may be called as provided by its rules and regulations. (3) Regular meetings shall be held at the commission's established offices, but, whenever the convenience of the public or of the parties may be promoted, or delay or expense may be prevented, it may hold meetings, hearings, or proceedings at any other place designated by it.
(1) Three (3) members shall constitute a quorum, and no action shall be taken by less than a majority of the commission.
(2) Special meetings may be called as provided by its rules and regulations.
(3) Regular meetings shall be held at the commission's established offices, but, whenever the convenience of the public or of the parties may be promoted, or delay or expense may be prevented, it may hold meetings, hearings, or proceedings at any other place designated by it.
(f) The commission shall serve in an advisory capacity to the commissioner and shall have the duty and responsibility to: (1) Assist in the formulation of relevant policy planning; and (2) Approve or disapprove all proposed changes in the state airport system plan, existing under the authority of § 42-2-204 ; provided, that approval or disapproval shall not affect any changes to the airport plan that may be required by the master transportation plan or any changes required to coordinate facilities with any other bureau within the department.
(1) Assist in the formulation of relevant policy planning; and
(2) Approve or disapprove all proposed changes in the state airport system plan, existing under the authority of § 42-2-204 ; provided, that approval or disapproval shall not affect any changes to the airport plan that may be required by the master transportation plan or any changes required to coordinate facilities with any other bureau within the department.
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 ; Acts 2007, ch. 227, § 1.
Tenn. Code Ann. § 42-7-102 — TN Code / Title 42 / Chapter 7 / Section 42-7-102
Leave of absence with pay - Other rights and benefits
Status: in_force

(a) An employee of this state who is a member of the United States air force auxiliary civil air patrol who participates in a training program for the civil air patrol, or in emergency and disaster services, as defined in § 58-2-101 , shall be entitled to a leave of absence with pay for a period of not more than fifteen (15) days during a calendar year for such purposes if the leave of absence is at the request of the employee's wing commander or the wing commander's designated representative. (b) If an employee is granted a leave of absence pursuant to this section, the employee shall be entitled to the employee's regular salary during the time the employee is away from the employee's regular duties. (c) Any leave of absence granted pursuant to this section shall be in addition to any other leave of the employee. (d) All other rights and benefits of the employee, including seniority rights, insurance benefits, health insurance benefits, creditable service, and all other such rights and benefits, shall continue as if a leave of absence had not been granted. Acts 2008, ch. 992, § 1.
(a) An employee of this state who is a member of the United States air force auxiliary civil air patrol who participates in a training program for the civil air patrol, or in emergency and disaster services, as defined in § 58-2-101 , shall be entitled to a leave of absence with pay for a period of not more than fifteen (15) days during a calendar year for such purposes if the leave of absence is at the request of the employee's wing commander or the wing commander's designated representative.
(b) If an employee is granted a leave of absence pursuant to this section, the employee shall be entitled to the employee's regular salary during the time the employee is away from the employee's regular duties.
(c) Any leave of absence granted pursuant to this section shall be in addition to any other leave of the employee.
(d) All other rights and benefits of the employee, including seniority rights, insurance benefits, health insurance benefits, creditable service, and all other such rights and benefits, shall continue as if a leave of absence had not been granted.
Acts 2008, ch. 992, § 1.
Tenn. Code Ann. § 42-5-205 — TN Code / Title 42 / Chapter 5 / Section 42-5-205
Joint fund
Status: in_force

(a) For the purpose of providing a joint board with moneys for the necessary expenditures in carrying out this part, a joint fund shall be created and maintained, into which shall be deposited the share of each of the constituent public agencies as provided by the joint agreement. (b) Each of the constituent public agencies shall provide its share of the fund from sources available to each. (c) Any federal, state or other contributions or loans, and the revenues obtained from the joint ownership, control and operation of any airport or air navigation facility under the jurisdiction of the joint board shall be paid into the joint fund. (d) Disbursements from the fund shall be made by order of the board, subject to the limitations prescribed in § 42-5-204 . Acts 1957, ch. 375, § 16; T.C.A., § 42-325.
(a) For the purpose of providing a joint board with moneys for the necessary expenditures in carrying out this part, a joint fund shall be created and maintained, into which shall be deposited the share of each of the constituent public agencies as provided by the joint agreement.
(b) Each of the constituent public agencies shall provide its share of the fund from sources available to each.
(c) Any federal, state or other contributions or loans, and the revenues obtained from the joint ownership, control and operation of any airport or air navigation facility under the jurisdiction of the joint board shall be paid into the joint fund.
(d) Disbursements from the fund shall be made by order of the board, subject to the limitations prescribed in § 42-5-204 .
Acts 1957, ch. 375, § 16; T.C.A., § 42-325.
Tenn. Code Ann. § 42-4-115 — TN Code / Title 42 / Chapter 4 / Section 42-4-115
Construction - Chapter controlling
Status: in_force

The provisions of this chapter shall be liberally construed to effect the purposes of this chapter, and insofar as this chapter may be inconsistent with the provisions of any other law, this chapter shall be controlling. Acts 1969, ch. 174, § 16; T.C.A., § 42-715.
The provisions of this chapter shall be liberally construed to effect the purposes of this chapter, and insofar as this chapter may be inconsistent with the provisions of any other law, this chapter shall be controlling.
Acts 1969, ch. 174, § 16; T.C.A., § 42-715.
Tenn. Code Ann. § 42-1-201 — TN Code / Title 42 / Chapter 1 / Section 42-1-201
Operating or acting as crewmember of aircraft following alcohol or drug use - Penalty
Status: in_force

(a) As used in this part, "crewmember" means any person performing or assigned to perform any duty in a civil aircraft during the time that the aircraft is undergoing pre-flight inspection, boarding or carrying passengers or crew or any time the aircraft is under power or in flight. (b) It is an offense for any person to operate or attempt to operate, or act or attempt to act, as a crewmember of any civil aircraft: (1) Within eight (8) hours after consumption of any alcoholic beverage; (2) While under the influence of alcohol; (3) While using any substance that affects the crewmember's faculties in any way contrary to safety; or (4) With four one-hundredths of one percent (0.04%) or more by weight of alcohol in the crewmember's blood. (c) A violation of this section is a Class A misdemeanor. In addition to the authorized punishment for a Class A misdemeanor, the court may prohibit the defendant from operating or acting as a crewmember on an aircraft for a period not to exceed one (1) year. Acts 1947, ch. 132, § 1; C. Supp. 1950, § 2726.1 (Williams, § 2726.62); T.C.A. (orig. ed.), § 42-112; Acts 1994, ch. 797, § 1.
(a) As used in this part, "crewmember" means any person performing or assigned to perform any duty in a civil aircraft during the time that the aircraft is undergoing pre-flight inspection, boarding or carrying passengers or crew or any time the aircraft is under power or in flight.
(b) It is an offense for any person to operate or attempt to operate, or act or attempt to act, as a crewmember of any civil aircraft: (1) Within eight (8) hours after consumption of any alcoholic beverage; (2) While under the influence of alcohol; (3) While using any substance that affects the crewmember's faculties in any way contrary to safety; or (4) With four one-hundredths of one percent (0.04%) or more by weight of alcohol in the crewmember's blood.
(1) Within eight (8) hours after consumption of any alcoholic beverage;
(2) While under the influence of alcohol;
(3) While using any substance that affects the crewmember's faculties in any way contrary to safety; or
(4) With four one-hundredths of one percent (0.04%) or more by weight of alcohol in the crewmember's blood.
(c) A violation of this section is a Class A misdemeanor. In addition to the authorized punishment for a Class A misdemeanor, the court may prohibit the defendant from operating or acting as a crewmember on an aircraft for a period not to exceed one (1) year.
Acts 1947, ch. 132, § 1; C. Supp. 1950, § 2726.1 (Williams, § 2726.62); T.C.A. (orig. ed.), § 42-112; Acts 1994, ch. 797, § 1.
Tenn. Code Ann. § 42-1-205 — TN Code / Title 42 / Chapter 1 / Section 42-1-205
Clerk to send copy of conviction to department of transportation
Status: in_force

It is the duty of the clerk in any court in which the operator of an aircraft is convicted of a violation of this part to send a certified copy of the judgment to the department of transportation, the cost of the copy to be added to the costs of the criminal cause. The clerk shall include in the information sent to the department the results of any tests for alcohol or other substances that were conducted in connection with the conduct resulting in the conviction. Acts 1947, ch. 132, § 5; C. Supp. 1950, § 2726.5 (Williams, § 2726.66); impl. am. Acts 1957, ch. 374; impl. am. Acts 1972, ch. 829, § 16; T.C.A. (orig. ed.), § 42-116; Acts 1994, ch. 797, § 3.
It is the duty of the clerk in any court in which the operator of an aircraft is convicted of a violation of this part to send a certified copy of the judgment to the department of transportation, the cost of the copy to be added to the costs of the criminal cause. The clerk shall include in the information sent to the department the results of any tests for alcohol or other substances that were conducted in connection with the conduct resulting in the conviction.
Acts 1947, ch. 132, § 5; C. Supp. 1950, § 2726.5 (Williams, § 2726.66); impl. am. Acts 1957, ch. 374; impl. am. Acts 1972, ch. 829, § 16; T.C.A. (orig. ed.), § 42-116; Acts 1994, ch. 797, § 3.
Tenn. Code Ann. § 42-2-224 — TN Code / Title 42 / Chapter 2 / Section 42-2-224
Procedure, rules and regulations governing department - Statutes governing procedure before Tennessee public utility commission applicable
Status: in_force

(a) Sections 4-5-322 , 4-5-323 , 65-2-101 - 65-2-109, and 65-2-112 - 65-2-121 shall also apply to the department of transportation and all procedures and proceedings of such department for the purposes of all matters within the jurisdiction of the department. (b) "Commission," as used in the sections referred to in subsection (a), means the department of transportation. Acts 1957, ch. 374, § 32; 1972, ch. 829, § 21; T.C.A., §§ 42-238, 42-2-137.
(a) Sections 4-5-322 , 4-5-323 , 65-2-101 - 65-2-109, and 65-2-112 - 65-2-121 shall also apply to the department of transportation and all procedures and proceedings of such department for the purposes of all matters within the jurisdiction of the department.
(b) "Commission," as used in the sections referred to in subsection (a), means the department of transportation.
Acts 1957, ch. 374, § 32; 1972, ch. 829, § 21; T.C.A., §§ 42-238, 42-2-137.
Tenn. Code Ann. § 42-1-102 — TN Code / Title 42 / Chapter 1 / Section 42-1-102
Sovereignty in space above lands and waters
Status: in_force

Sovereignty in the space above the lands and waters of this state is declared to rest in the state, except where granted to and assumed by the United States pursuant to a constitutional grant from the people of this state. Acts 1923, ch. 30, § 2; Shan. Supp., § 1616a13; Code 1932, § 2717; T.C.A. (orig. ed.), § 42-102.
Sovereignty in the space above the lands and waters of this state is declared to rest in the state, except where granted to and assumed by the United States pursuant to a constitutional grant from the people of this state.
Acts 1923, ch. 30, § 2; Shan. Supp., § 1616a13; Code 1932, § 2717; T.C.A. (orig. ed.), § 42-102.
Tenn. Code Ann. § 42-2-204 — TN Code / Title 42 / Chapter 2 / Section 42-2-204
State airports
Status: in_force

(a) Establishment; Operation; Maintenance. (1) The department is authorized on behalf of and in the name of the state, out of appropriations and other moneys made available for these purposes, to plan, establish, construct, enlarge, improve, maintain, equip, operate, regulate, protect and police airports and air navigation facilities, either within or without the state, including the construction, installation, equipment, maintenance and operation at airports or buildings and other facilities for the servicing of aircraft or for the comfort and accommodation of air travelers. (2) For purposes of subdivision (a)(1), the department may, by purchase, gift, devise, lease, condemnation or otherwise, acquire property, real or personal, or any interest in property, real or personal, 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 airports or to permit the removal, elimination, obstruction-marking or obstruction-lighting of airport hazards, or to prevent the establishment of airport hazards. (3) In like manner, the department may acquire existing airports and air navigation facilities; provided, that it shall not acquire or take over any airport, air navigation facility, avigation easement or easement in airport hazards owned or controlled by a municipality of this or any other state without the consent of the municipality. (4) The department may, by sale, lease, or otherwise, dispose of any property, airport, air navigation facility, avigation easement, easement in airport hazard or portion thereof or interest therein. (5) Disposal shall be in accordance with the laws of this state governing the disposition of other property of the state, except that in the case of disposals to any municipality or state government or the United States for aeronautical purposes incident thereto, the sale, lease, or other disposal may be effected by the manner and upon the terms that the department may deem in the best interest of the state. (b) Airport Zoning. Nothing contained in this chapter shall be construed to limit any right, power or authority of the state or a municipality to regulate airport hazards by zoning. (c) Joint Operations. The department may exercise any powers granted by this section jointly with any municipalities or agencies of the state government, with other states or their municipalities, or with the United States. (d) Condemnation. (1) In the condemnation of property authorized by this section, the department shall proceed in the name of the state in the manner provided by title 29, chapter 16. (2) For the purpose of making surveys and examinations relative to any condemnation proceedings, it shall be lawful to enter upon any land, doing no unnecessary damage. (3) Notwithstanding any other statute, or the charter of any municipality, the department may take possession of any property to be condemned at any time after the commencement of the condemnation proceedings. (4) The department shall not be precluded from abandoning the condemnation of any property in any case where possession thereof has not been taken, even after a trial jury in circuit court has rendered a verdict as to damages for the property taken by the proceedings and at any time prior to the entry of a final decree disposing of the entire eminent domain proceedings. (e) Federal Aid. The department is authorized to accept, receive, receipt for, disburse and expend federal money, and other moneys, public or private, made available to accomplish, in whole or in part, any of the purposes of this section. All moneys accepted under this section shall be accepted and expended by the department upon the terms and conditions prescribed by the United States. In accepting federal moneys under this section, the department shall have the same authority to enter into contracts on behalf of the state as is granted to the department under § 42-2-203(c) with respect to federal moneys accepted on behalf of municipalities. All moneys received by the department pursuant to this section shall be deposited in the state treasury, and, unless otherwise prescribed by the authority from which such moneys were received, shall be kept in separate funds designated according to the purposes for which the moneys were made available, and held by the state in trust for those purposes subject to disbursement by order of the department for those purposes. All such moneys are appropriated for the purpose of which the moneys were made available, to be disbursed or expended in accordance with the terms and conditions upon which they were made available. Acts 1957, ch. 374, § 7; 1972, ch. 829, § 21; T.C.A., §§ 42-214, 42-2-113.
(a) Establishment; Operation; Maintenance. (1) The department is authorized on behalf of and in the name of the state, out of appropriations and other moneys made available for these purposes, to plan, establish, construct, enlarge, improve, maintain, equip, operate, regulate, protect and police airports and air navigation facilities, either within or without the state, including the construction, installation, equipment, maintenance and operation at airports or buildings and other facilities for the servicing of aircraft or for the comfort and accommodation of air travelers. (2) For purposes of subdivision (a)(1), the department may, by purchase, gift, devise, lease, condemnation or otherwise, acquire property, real or personal, or any interest in property, real or personal, 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 airports or to permit the removal, elimination, obstruction-marking or obstruction-lighting of airport hazards, or to prevent the establishment of airport hazards. (3) In like manner, the department may acquire existing airports and air navigation facilities; provided, that it shall not acquire or take over any airport, air navigation facility, avigation easement or easement in airport hazards owned or controlled by a municipality of this or any other state without the consent of the municipality. (4) The department may, by sale, lease, or otherwise, dispose of any property, airport, air navigation facility, avigation easement, easement in airport hazard or portion thereof or interest therein. (5) Disposal shall be in accordance with the laws of this state governing the disposition of other property of the state, except that in the case of disposals to any municipality or state government or the United States for aeronautical purposes incident thereto, the sale, lease, or other disposal may be effected by the manner and upon the terms that the department may deem in the best interest of the state.
(1) The department is authorized on behalf of and in the name of the state, out of appropriations and other moneys made available for these purposes, to plan, establish, construct, enlarge, improve, maintain, equip, operate, regulate, protect and police airports and air navigation facilities, either within or without the state, including the construction, installation, equipment, maintenance and operation at airports or buildings and other facilities for the servicing of aircraft or for the comfort and accommodation of air travelers.
(2) For purposes of subdivision (a)(1), the department may, by purchase, gift, devise, lease, condemnation or otherwise, acquire property, real or personal, or any interest in property, real or personal, 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 airports or to permit the removal, elimination, obstruction-marking or obstruction-lighting of airport hazards, or to prevent the establishment of airport hazards.
(3) In like manner, the department may acquire existing airports and air navigation facilities; provided, that it shall not acquire or take over any airport, air navigation facility, avigation easement or easement in airport hazards owned or controlled by a municipality of this or any other state without the consent of the municipality.
(4) The department may, by sale, lease, or otherwise, dispose of any property, airport, air navigation facility, avigation easement, easement in airport hazard or portion thereof or interest therein.
(5) Disposal shall be in accordance with the laws of this state governing the disposition of other property of the state, except that in the case of disposals to any municipality or state government or the United States for aeronautical purposes incident thereto, the sale, lease, or other disposal may be effected by the manner and upon the terms that the department may deem in the best interest of the state.
(b) Airport Zoning. Nothing contained in this chapter shall be construed to limit any right, power or authority of the state or a municipality to regulate airport hazards by zoning.
(c) Joint Operations. The department may exercise any powers granted by this section jointly with any municipalities or agencies of the state government, with other states or their municipalities, or with the United States.
(d) Condemnation. (1) In the condemnation of property authorized by this section, the department shall proceed in the name of the state in the manner provided by title 29, chapter 16. (2) For the purpose of making surveys and examinations relative to any condemnation proceedings, it shall be lawful to enter upon any land, doing no unnecessary damage. (3) Notwithstanding any other statute, or the charter of any municipality, the department may take possession of any property to be condemned at any time after the commencement of the condemnation proceedings. (4) The department shall not be precluded from abandoning the condemnation of any property in any case where possession thereof has not been taken, even after a trial jury in circuit court has rendered a verdict as to damages for the property taken by the proceedings and at any time prior to the entry of a final decree disposing of the entire eminent domain proceedings.
(1) In the condemnation of property authorized by this section, the department shall proceed in the name of the state in the manner provided by title 29, chapter 16.
(2) For the purpose of making surveys and examinations relative to any condemnation proceedings, it shall be lawful to enter upon any land, doing no unnecessary damage.
(3) Notwithstanding any other statute, or the charter of any municipality, the department may take possession of any property to be condemned at any time after the commencement of the condemnation proceedings.
(4) The department shall not be precluded from abandoning the condemnation of any property in any case where possession thereof has not been taken, even after a trial jury in circuit court has rendered a verdict as to damages for the property taken by the proceedings and at any time prior to the entry of a final decree disposing of the entire eminent domain proceedings.
(e) Federal Aid. The department is authorized to accept, receive, receipt for, disburse and expend federal money, and other moneys, public or private, made available to accomplish, in whole or in part, any of the purposes of this section. All moneys accepted under this section shall be accepted and expended by the department upon the terms and conditions prescribed by the United States. In accepting federal moneys under this section, the department shall have the same authority to enter into contracts on behalf of the state as is granted to the department under § 42-2-203(c) with respect to federal moneys accepted on behalf of municipalities. All moneys received by the department pursuant to this section shall be deposited in the state treasury, and, unless otherwise prescribed by the authority from which such moneys were received, shall be kept in separate funds designated according to the purposes for which the moneys were made available, and held by the state in trust for those purposes subject to disbursement by order of the department for those purposes. All such moneys are appropriated for the purpose of which the moneys were made available, to be disbursed or expended in accordance with the terms and conditions upon which they were made available.
Acts 1957, ch. 374, § 7; 1972, ch. 829, § 21; T.C.A., §§ 42-214, 42-2-113.
Tenn. Code Ann. § 42-8-103 — TN Code / Title 42 / Chapter 8 / Section 42-8-103
Violations - Heliport deemed nuisance - Abatement, removal, conformity
Status: in_force

Notwithstanding § 13-7-208 or any other law to the contrary, a heliport operating as of April 23, 1992, that is in violation of § 42-8-102(a) is declared a public nuisance and shall be abated, removed or changed to conform with this chapter by July 1, 1994. Such heliports may continue to operate until that date provided: (1) The heliport is not extended or expanded; and (2) If the use of the land or any portion thereof as a heliport is discontinued for a period of six (6) months or changed, any future use of the land is in conformity with this chapter. Acts 1992, ch. 727, § 4.
Notwithstanding § 13-7-208 or any other law to the contrary, a heliport operating as of April 23, 1992, that is in violation of § 42-8-102(a) is declared a public nuisance and shall be abated, removed or changed to conform with this chapter by July 1, 1994. Such heliports may continue to operate until that date provided:
(1) The heliport is not extended or expanded; and
(2) If the use of the land or any portion thereof as a heliport is discontinued for a period of six (6) months or changed, any future use of the land is in conformity with this chapter.
Acts 1992, ch. 727, § 4.
Tenn. Code Ann. § 42-2-225 — TN Code / Title 42 / Chapter 2 / Section 42-2-225
Reporter - Official record - Transcripts
Status: in_force

The department is authorized and directed to employ a competent court reporter or stenographer, whose salary or charges shall be paid out of the general appropriations for the department, and whose duties it shall be to take down and transcribe all testimony offered in contested cases, to prepare the official record of all contested cases, which record shall include all petitions, applications, testimony, exhibits and such other matter as required by law or as the department may direct, and to perform such other duties as the department may direct; provided, that the department may in its discretion direct the reporter not to transcribe particular proceedings if it appears that no transcript is necessary; and provided further, that any party to a contested case may obtain copies of the transcript of testimony made by the department's reporter upon the payment to the department of the cost of the transcript at such rate as the department may determine; and provided further, that expense of taking down and preparing the official record shall be deemed as part of the costs of such proceeding and all or any part thereof shall be ordered paid by such party or parties as the department shall deem proper. Acts 1957, ch. 374, § 33; 1972, ch. 829, § 21; T.C.A., §§ 42-239, 42-2-138.
The department is authorized and directed to employ a competent court reporter or stenographer, whose salary or charges shall be paid out of the general appropriations for the department, and whose duties it shall be to take down and transcribe all testimony offered in contested cases, to prepare the official record of all contested cases, which record shall include all petitions, applications, testimony, exhibits and such other matter as required by law or as the department may direct, and to perform such other duties as the department may direct; provided, that the department may in its discretion direct the reporter not to transcribe particular proceedings if it appears that no transcript is necessary; and provided further, that any party to a contested case may obtain copies of the transcript of testimony made by the department's reporter upon the payment to the department of the cost of the transcript at such rate as the department may determine; and provided further, that expense of taking down and preparing the official record shall be deemed as part of the costs of such proceeding and all or any part thereof shall be ordered paid by such party or parties as the department shall deem proper.
Acts 1957, ch. 374, § 33; 1972, ch. 829, § 21; T.C.A., §§ 42-239, 42-2-138.
Tenn. Code Ann. § 42-6-108 — TN Code / Title 42 / Chapter 6 / Section 42-6-108
Board of appeals - Creation - Members - Term - Duties and jurisdiction
Status: in_force

(a) (1) The chief legislative body shall create a board of zoning appeals of three (3) or five (5) members, and shall specify the mode of appointment of members to the board and their terms, which terms shall be of such length and so arranged that the term of one (1) member shall expire each year. (2) The compensation of the members of the board shall be as fixed by the members of the chief legislative body. (b) In the event a board of appeals exists or is created under title 13, chapter 7, part 1, or title 13, chapter 7, part 2, or by any private, special, or local act, the board of zoning appeals shall be designated by the chief legislative body to hear appeals from airport zoning ordinances created under this chapter. (c) The chief legislative body shall provide and specify, in its zoning or other ordinance, general rules to govern the organization and procedure and jurisdiction of the board of appeals, which rules shall not be inconsistent with this chapter; and the board of appeals may adopt supplemental rules of procedure, not inconsistent with this chapter or such general rules. (d) The zoning ordinance may provide that the board of appeals may, in appropriate cases and subject to the principles, standards, rules, conditions and safeguards set forth in the ordinance, make special exceptions to the terms of the zoning regulations in harmony with their general purpose and intent. (e) The chief legislative body may also authorize the board of appeals to interpret the zoning maps and pass upon disputed questions of lot lines or district boundary lines or similar questions as they arise in the administration of the zoning regulations. Acts 1945, ch. 74, § 8; C. Supp. 1950, § 2726.27 (Williams, § 2726.54); T.C.A. (orig. ed.), § 42-408.
(a) (1) The chief legislative body shall create a board of zoning appeals of three (3) or five (5) members, and shall specify the mode of appointment of members to the board and their terms, which terms shall be of such length and so arranged that the term of one (1) member shall expire each year. (2) The compensation of the members of the board shall be as fixed by the members of the chief legislative body.
(1) The chief legislative body shall create a board of zoning appeals of three (3) or five (5) members, and shall specify the mode of appointment of members to the board and their terms, which terms shall be of such length and so arranged that the term of one (1) member shall expire each year.
(2) The compensation of the members of the board shall be as fixed by the members of the chief legislative body.
(b) In the event a board of appeals exists or is created under title 13, chapter 7, part 1, or title 13, chapter 7, part 2, or by any private, special, or local act, the board of zoning appeals shall be designated by the chief legislative body to hear appeals from airport zoning ordinances created under this chapter.
(c) The chief legislative body shall provide and specify, in its zoning or other ordinance, general rules to govern the organization and procedure and jurisdiction of the board of appeals, which rules shall not be inconsistent with this chapter; and the board of appeals may adopt supplemental rules of procedure, not inconsistent with this chapter or such general rules.
(d) The zoning ordinance may provide that the board of appeals may, in appropriate cases and subject to the principles, standards, rules, conditions and safeguards set forth in the ordinance, make special exceptions to the terms of the zoning regulations in harmony with their general purpose and intent.
(e) The chief legislative body may also authorize the board of appeals to interpret the zoning maps and pass upon disputed questions of lot lines or district boundary lines or similar questions as they arise in the administration of the zoning regulations.
Acts 1945, ch. 74, § 8; C. Supp. 1950, § 2726.27 (Williams, § 2726.54); T.C.A. (orig. ed.), § 42-408.
Tenn. Code Ann. § 42-3-117 — TN Code / Title 42 / Chapter 3 / Section 42-3-117
Authority of municipal corporations
Status: in_force

For the purpose of aiding and cooperating in the planning, undertaking, construction or operation of airports and air navigation facilities, and acquiring avigation easements pursuant to this chapter, any municipality for which an authority has been created may, upon such terms, with or without consideration as it may determine: (1) Lend or donate money to the authority; (2) Provide that all or a portion of the taxes or funds available or to become available to, or required by law to be used by, the municipality for airport purposes, be transferred or paid directly to the airport authority as the funds become available to the municipality; (3) Cause water, sewer or drainage facilities, or any other facilities that it is empowered to provide, to be furnished adjacent to or in connection with airports or air navigation facilities; (4) Dedicate, sell, convey or lease any of its interest in any property, or grant easements, licenses or any other rights or privileges in property to the authority; (5) Furnish, dedicate, close, pave, install, grade, regrade, plan or replan streets, roads, roadways and walks from established streets or roads to airports or air navigation facilities; (6) Do any and all things, whether or not specifically authorized in this section and not otherwise prohibited by law, that are necessary or convenient to aid and cooperate with the authority in the planning, undertaking, constructing or operating of airports and air navigation facilities; and (7) Enter into agreements with the authority respecting action to be taken by the municipality pursuant to this section. Acts 1957, ch. 376, § 17; T.C.A., § 42-622.
For the purpose of aiding and cooperating in the planning, undertaking, construction or operation of airports and air navigation facilities, and acquiring avigation easements pursuant to this chapter, any municipality for which an authority has been created may, upon such terms, with or without consideration as it may determine:
(1) Lend or donate money to the authority;
(2) Provide that all or a portion of the taxes or funds available or to become available to, or required by law to be used by, the municipality for airport purposes, be transferred or paid directly to the airport authority as the funds become available to the municipality;
(3) Cause water, sewer or drainage facilities, or any other facilities that it is empowered to provide, to be furnished adjacent to or in connection with airports or air navigation facilities;
(4) Dedicate, sell, convey or lease any of its interest in any property, or grant easements, licenses or any other rights or privileges in property to the authority;
(5) Furnish, dedicate, close, pave, install, grade, regrade, plan or replan streets, roads, roadways and walks from established streets or roads to airports or air navigation facilities;
(6) Do any and all things, whether or not specifically authorized in this section and not otherwise prohibited by law, that are necessary or convenient to aid and cooperate with the authority in the planning, undertaking, constructing or operating of airports and air navigation facilities; and
(7) Enter into agreements with the authority respecting action to be taken by the municipality pursuant to this section.
Acts 1957, ch. 376, § 17; T.C.A., § 42-622.
Tenn. Code Ann. § 42-2-220 — TN Code / Title 42 / Chapter 2 / Section 42-2-220
Cooperation with federal agencies
Status: in_force

The department is empowered to work in connection with the Tennessee valley authority, or any department or agency of the federal government, for the purpose of rendering service or advancing aeronautics generally in the state, and to spend such available funds as are necessary to carry out the work. Acts 1957, ch. 374, § 27; 1972, ch. 829, § 21; T.C.A., §§ 42-233, 42-2-132.
The department is empowered to work in connection with the Tennessee valley authority, or any department or agency of the federal government, for the purpose of rendering service or advancing aeronautics generally in the state, and to spend such available funds as are necessary to carry out the work.
Acts 1957, ch. 374, § 27; 1972, ch. 829, § 21; T.C.A., §§ 42-233, 42-2-132.
Tenn. Code Ann. § 42-6-102 — TN Code / Title 42 / Chapter 6 / Section 42-6-102
Control of airport hazards is a public purpose
Status: in_force

(a) It is found that an airport hazard endangers the lives and property of users of the airport and of occupants of land in its vicinity, and also, if of the obstruction type, in effect reduces the size of the area available for the landing, taking off and maneuvering of aircraft, thus tending to destroy or impair the utility of the airport and the public investment therein. Accordingly, it is declared that: (1) The creation or establishment of an airport hazard is a public nuisance and an injury to the community served by the airport in question; (2) It is, therefore, necessary in the interest of the public health, public safety, and general welfare that the creation or establishment of airport hazards be prevented; and (3) This should be accomplished, to the extent legally possible, by exercise of the police power, without compensation. (b) It is further declared that both the prevention of the creation or establishment of airport hazards and the elimination, removal, alteration, mitigation, or marking and lighting of existing airport hazards are public purposes for which political subdivisions may raise and expend public funds and acquire land or property interests therein. Acts 1945, ch. 74, § 2; C. Supp. 1950, § 2726.21 (Williams, § 2726.48); T.C.A. (orig. ed.), § 42-402.
(a) It is found that an airport hazard endangers the lives and property of users of the airport and of occupants of land in its vicinity, and also, if of the obstruction type, in effect reduces the size of the area available for the landing, taking off and maneuvering of aircraft, thus tending to destroy or impair the utility of the airport and the public investment therein. Accordingly, it is declared that: (1) The creation or establishment of an airport hazard is a public nuisance and an injury to the community served by the airport in question; (2) It is, therefore, necessary in the interest of the public health, public safety, and general welfare that the creation or establishment of airport hazards be prevented; and (3) This should be accomplished, to the extent legally possible, by exercise of the police power, without compensation.
(1) The creation or establishment of an airport hazard is a public nuisance and an injury to the community served by the airport in question;
(2) It is, therefore, necessary in the interest of the public health, public safety, and general welfare that the creation or establishment of airport hazards be prevented; and
(3) This should be accomplished, to the extent legally possible, by exercise of the police power, without compensation.
(b) It is further declared that both the prevention of the creation or establishment of airport hazards and the elimination, removal, alteration, mitigation, or marking and lighting of existing airport hazards are public purposes for which political subdivisions may raise and expend public funds and acquire land or property interests therein.
Acts 1945, ch. 74, § 2; C. Supp. 1950, § 2726.21 (Williams, § 2726.48); T.C.A. (orig. ed.), § 42-402.
Tenn. Code Ann. § 42-5-116 — TN Code / Title 42 / Chapter 5 / Section 42-5-116
Validation of prior acquisitions, actions and bond issues
Status: in_force

(a) Any acquisition of property previously made, within or without the limits of any municipality or the state, for the purposes authorized by this chapter, and any other action previously taken by a municipality in furtherance of those purposes, including, but not limited to, the making of appropriations, the expenditure of money, the incurring of debts, the acceptance and disbursement of federal, state or other grants or loans, the issuance and payment of bonds and notes, the execution of leases and contracts, which acquisition or action would have been authorized had this chapter been in effect at the time of the acquisition or action, is ratified and made valid. (b) All bonds and notes previously issued in furtherance of purposes authorized by this chapter and actions ratified by this section are confirmed as legal obligations of the municipality, and, without prejudice to the general powers granted to the municipality by this chapter, the municipality is authorized to issue further bonds and notes for such purposes up to the limit fixed in the original authorization therefor, which bonds and notes shall be legal obligations in accordance with their terms. Acts 1957, ch. 375, § 11; T.C.A., § 42-316.
(a) Any acquisition of property previously made, within or without the limits of any municipality or the state, for the purposes authorized by this chapter, and any other action previously taken by a municipality in furtherance of those purposes, including, but not limited to, the making of appropriations, the expenditure of money, the incurring of debts, the acceptance and disbursement of federal, state or other grants or loans, the issuance and payment of bonds and notes, the execution of leases and contracts, which acquisition or action would have been authorized had this chapter been in effect at the time of the acquisition or action, is ratified and made valid.
(b) All bonds and notes previously issued in furtherance of purposes authorized by this chapter and actions ratified by this section are confirmed as legal obligations of the municipality, and, without prejudice to the general powers granted to the municipality by this chapter, the municipality is authorized to issue further bonds and notes for such purposes up to the limit fixed in the original authorization therefor, which bonds and notes shall be legal obligations in accordance with their terms.
Acts 1957, ch. 375, § 11; T.C.A., § 42-316.
Tenn. Code Ann. § 42-1-103 — TN Code / Title 42 / Chapter 1 / Section 42-1-103
Ownership in space above lands and waters is in surface owners beneath
Status: in_force

The ownership of the space above the lands and waters of this state is declared to be vested in the several owners of the surface beneath, subject to the right of flight described in § 42-1-104 . Acts 1923, ch. 30, § 3; Shan. Supp., § 1616a14; Code 1932, § 2718; T.C.A. (orig. ed.), § 42-103.
The ownership of the space above the lands and waters of this state is declared to be vested in the several owners of the surface beneath, subject to the right of flight described in § 42-1-104 .
Acts 1923, ch. 30, § 3; Shan. Supp., § 1616a14; Code 1932, § 2718; T.C.A. (orig. ed.), § 42-103.
Tenn. Code Ann. § 42-1-108 — TN Code / Title 42 / Chapter 1 / Section 42-1-108
Contracts and other relations made while in flight
Status: in_force

All contractual and other legal relations entered into by aeronauts or passengers while in flight over this state shall have the same effect as if entered into on the land or water beneath. Acts 1923, ch. 30, § 8; Shan. Supp., § 1616a19; Code 1932, § 2723; T.C.A. (orig. ed.), § 42-108.
All contractual and other legal relations entered into by aeronauts or passengers while in flight over this state shall have the same effect as if entered into on the land or water beneath.
Acts 1923, ch. 30, § 8; Shan. Supp., § 1616a19; Code 1932, § 2723; T.C.A. (orig. ed.), § 42-108.
Tenn. Code Ann. § 42-1-208 — TN Code / Title 42 / Chapter 1 / Section 42-1-208
Reports of arrests under Section 42-1-201 or Section 42-1-203
Status: in_force

Within thirty (30) days of an arrest being made for a violation of § 42-1-201 or § 42-1-203 , the arresting law enforcement agency shall report the filing of charges, the results of any tests for alcohol or other substances that were conducted and the results of the trial or other subsequent proceeding, if known within that time period, to the division, branch or office of the federal aviation administration having jurisdiction for the regulation and certification of crewmembers or airplanes in the area of the agency. Law enforcement agencies possessing evidence of a violation of § 42-1-201 or § 42-1-203 shall present the evidence for use by the federal aviation administration as well as for prosecution by the state under this section. Acts 1994, ch. 797, § 4.
Within thirty (30) days of an arrest being made for a violation of § 42-1-201 or § 42-1-203 , the arresting law enforcement agency shall report the filing of charges, the results of any tests for alcohol or other substances that were conducted and the results of the trial or other subsequent proceeding, if known within that time period, to the division, branch or office of the federal aviation administration having jurisdiction for the regulation and certification of crewmembers or airplanes in the area of the agency. Law enforcement agencies possessing evidence of a violation of § 42-1-201 or § 42-1-203 shall present the evidence for use by the federal aviation administration as well as for prosecution by the state under this section.
Acts 1994, ch. 797, § 4.
Tenn. Code Ann. § 42-2-107 — TN Code / Title 42 / Chapter 2 / Section 42-2-107
License, tax or payment for use of publicly owned public use airports by certain aircraft prohibited - Exception - Exemption
Status: in_force

It is unlawful for any municipality to require the payment of any license fee, tax or otherwise charge any sum of money for the use of any publicly owned public use airport for purpose of landing, taking off or any other purpose directly connected with that purpose for aircraft whose gross weight is twelve thousand five hundred pounds (12,500 lbs.) or less, except such planes used by regularly scheduled aeronautics; provided, that this section shall not be construed to make it unlawful to require payment for overnight storage of aircraft or to charge a fee or tax in conjunction with the purchase of aviation fuel; and provided further, that all airports operated by metropolitan airport authorities created pursuant to chapter 4 of this title are exempt from this section and that the department, for good cause shown, may exempt any publicly owned public use airport from all or any portion of this section. Acts 1957, ch. 374, § 35; 1972, ch. 829, § 21; T.C.A., § 42-241; Acts 1980, ch. 631, § 2; impl. am. Acts 1981, ch. 264, § 17; T.C.A., § 42-2-140.
It is unlawful for any municipality to require the payment of any license fee, tax or otherwise charge any sum of money for the use of any publicly owned public use airport for purpose of landing, taking off or any other purpose directly connected with that purpose for aircraft whose gross weight is twelve thousand five hundred pounds (12,500 lbs.) or less, except such planes used by regularly scheduled aeronautics; provided, that this section shall not be construed to make it unlawful to require payment for overnight storage of aircraft or to charge a fee or tax in conjunction with the purchase of aviation fuel; and provided further, that all airports operated by metropolitan airport authorities created pursuant to chapter 4 of this title are exempt from this section and that the department, for good cause shown, may exempt any publicly owned public use airport from all or any portion of this section.
Acts 1957, ch. 374, § 35; 1972, ch. 829, § 21; T.C.A., § 42-241; Acts 1980, ch. 631, § 2; impl. am. Acts 1981, ch. 264, § 17; T.C.A., § 42-2-140.
Tenn. Code Ann. § 42-2-208 — TN Code / Title 42 / Chapter 2 / Section 42-2-208
Exclusive rights not to be granted - Effect of section
Status: in_force

The department shall not grant any exclusive right for the use of any airway, airport, or air navigation facility under its jurisdiction. This section shall not be construed to prevent the making of contracts, leases and other arrangements pursuant to §§ 42-2-204 and 42-2-205 . Acts 1957, ch. 374, § 10; 1972, ch. 829, § 21; T.C.A., §§ 42-218, 42-2-117.
The department shall not grant any exclusive right for the use of any airway, airport, or air navigation facility under its jurisdiction. This section shall not be construed to prevent the making of contracts, leases and other arrangements pursuant to §§ 42-2-204 and 42-2-205 .
Acts 1957, ch. 374, § 10; 1972, ch. 829, § 21; T.C.A., §§ 42-218, 42-2-117.
Tenn. Code Ann. § 42-7-101 — TN Code / Title 42 / Chapter 7 / Section 42-7-101
Tennessee wing, existing for public purposes - Gifts and allotments, authority to receive
Status: in_force

The functions of the Tennessee wing, civil air patrol, and of its various groups and squadrons, are declared to be for public purposes, and the organizations are entitled to receive appropriations, gifts, grants and allotments of moneys, for the carrying out of their several activities that benefit the general public, from the federal treasury, the state treasury, and the treasuries of the cities and counties of the state and from any other source whatsoever. Acts 1947, ch. 12, § 1; C. Supp. 1950, § 2726.58 (Williams, § 2726.72); T.C.A. (orig. ed.), § 42-501.
The functions of the Tennessee wing, civil air patrol, and of its various groups and squadrons, are declared to be for public purposes, and the organizations are entitled to receive appropriations, gifts, grants and allotments of moneys, for the carrying out of their several activities that benefit the general public, from the federal treasury, the state treasury, and the treasuries of the cities and counties of the state and from any other source whatsoever.
Acts 1947, ch. 12, § 1; C. Supp. 1950, § 2726.58 (Williams, § 2726.72); T.C.A. (orig. ed.), § 42-501.
Tenn. Code Ann. § 42-1-105 — TN Code / Title 42 / Chapter 1 / Section 42-1-105
Liability of owner, pilot or lessee of aircraft for damages - Prima facie ownership
Status: in_force

(a) As used in this section, "owner" includes a person having full title to the aircraft or operating it through servants, and also includes a bona fide lessee or bailee of the aircraft, whether gratuitously or for hire. "Owner" does not include a bona fide bailor or lessor of the aircraft, whether gratuitously or for hire, or a mortgagee, conditional seller, trustee for creditors of the aircraft or other person having a security title only, nor shall the owner of the aircraft be liable when the pilot thereof is in possession thereof as a result of theft or felonious conversion. (b) The owner and pilot, or either of them, of every aircraft that is operated over lands or waters of this state shall be liable for injuries or damage to persons or property on the land or water beneath, caused by the ascent, descent, or flight of the aircraft, or the dropping or falling of any objects therefrom in accordance with the rules of law applicable to torts in this state. (c) The person in whose name an aircraft is registered with the United States department of commerce or the Tennessee department of transportation shall be prima facie the owner of the aircraft within the meaning of this section. Acts 1923, ch. 30, § 5; Shan. Supp., § 1616a16; Code 1932, § 2720; Acts 1957, ch. 325, § 1; impl. am. Acts 1972, ch. 829, § 16; T.C.A. (orig. ed.), § 42-105.
(a) As used in this section, "owner" includes a person having full title to the aircraft or operating it through servants, and also includes a bona fide lessee or bailee of the aircraft, whether gratuitously or for hire. "Owner" does not include a bona fide bailor or lessor of the aircraft, whether gratuitously or for hire, or a mortgagee, conditional seller, trustee for creditors of the aircraft or other person having a security title only, nor shall the owner of the aircraft be liable when the pilot thereof is in possession thereof as a result of theft or felonious conversion.
(b) The owner and pilot, or either of them, of every aircraft that is operated over lands or waters of this state shall be liable for injuries or damage to persons or property on the land or water beneath, caused by the ascent, descent, or flight of the aircraft, or the dropping or falling of any objects therefrom in accordance with the rules of law applicable to torts in this state.
(c) The person in whose name an aircraft is registered with the United States department of commerce or the Tennessee department of transportation shall be prima facie the owner of the aircraft within the meaning of this section.
Acts 1923, ch. 30, § 5; Shan. Supp., § 1616a16; Code 1932, § 2720; Acts 1957, ch. 325, § 1; impl. am. Acts 1972, ch. 829, § 16; T.C.A. (orig. ed.), § 42-105.
Tenn. Code Ann. § 42-1-101 — TN Code / Title 42 / Chapter 1 / Section 42-1-101
Part definitions
Status: in_force

As used in this part, unless the context otherwise requires: (1) "Aeronaut" includes aviator, pilot, balloonist, and every other person having any part in the operation of aircraft while in flight; (2) "Aircraft" includes balloon, airplane, hydroplane, and every other vehicle used for navigation through the air. A hydroplane, while at rest on water and while being operated on or immediately above water, shall be governed by the rules regarding water navigation; while being operated through the air otherwise than immediately above water, it shall be treated as an aircraft; (3) "Commissioner" means the commissioner of transportation; (4) "Department" means the department of transportation; and (5) "Passenger" includes any person riding in an aircraft but having no part in its operation. Acts 1923, ch. 30, § 1; Shan. Supp., § 1616a12; Code 1932, § 2716; T.C.A. (orig. ed.), § 42-101; Acts 1981, ch. 264, § 17.
As used in this part, unless the context otherwise requires:
(1) "Aeronaut" includes aviator, pilot, balloonist, and every other person having any part in the operation of aircraft while in flight;
(2) "Aircraft" includes balloon, airplane, hydroplane, and every other vehicle used for navigation through the air. A hydroplane, while at rest on water and while being operated on or immediately above water, shall be governed by the rules regarding water navigation; while being operated through the air otherwise than immediately above water, it shall be treated as an aircraft;
(3) "Commissioner" means the commissioner of transportation;
(4) "Department" means the department of transportation; and
(5) "Passenger" includes any person riding in an aircraft but having no part in its operation.
Acts 1923, ch. 30, § 1; Shan. Supp., § 1616a12; Code 1932, § 2716; T.C.A. (orig. ed.), § 42-101; Acts 1981, ch. 264, § 17.
Tenn. Code Ann. § 42-6-104 — TN Code / Title 42 / Chapter 6 / Section 42-6-104
Relation to other zoning ordinances - Resolution of conflicts
Status: in_force

(a) In the event a political subdivision has adopted, or hereafter adopts, a zoning ordinance under powers granted by title 13, chapter 7, part 1 or title 13, chapter 7, part 2, or by a private act regulating, among other things, the height of buildings, any airport zoning regulations applicable to the same area or portion of the area may be incorporated in and made a part of the zoning ordinance, and be administered and enforced in connection therewith. (b) In the event of conflict between any airport zoning regulations adopted under this law and any other zoning ordinance applicable to the same area, the more restricted limitation or requirement shall govern and prevail. Acts 1945, ch. 74, § 4; C. Supp. 1950, § 2726.23 (Williams, § 2726.50); T.C.A. (orig. ed.), § 42-404.
(a) In the event a political subdivision has adopted, or hereafter adopts, a zoning ordinance under powers granted by title 13, chapter 7, part 1 or title 13, chapter 7, part 2, or by a private act regulating, among other things, the height of buildings, any airport zoning regulations applicable to the same area or portion of the area may be incorporated in and made a part of the zoning ordinance, and be administered and enforced in connection therewith.
(b) In the event of conflict between any airport zoning regulations adopted under this law and any other zoning ordinance applicable to the same area, the more restricted limitation or requirement shall govern and prevail.
Acts 1945, ch. 74, § 4; C. Supp. 1950, § 2726.23 (Williams, § 2726.50); T.C.A. (orig. ed.), § 42-404.
Tenn. Code Ann. § 42-2-103 — TN Code / Title 42 / Chapter 2 / Section 42-2-103
Public purpose of activities - Immunity
Status: in_force

(a) The acquisition of any lands or interests in lands pursuant to this chapter, the planning, acquisition, establishment, construction, improvement, maintenance, equipment, and operation of airports, air navigation facilities, and avigation easements and the acquisition, lighting, marking or eliminating of airport hazards, whether by the state separately or jointly with any municipality or municipalities, or airport authority, and the exercise of any other powers granted in this chapter to the department are declared to be public and governmental functions, exercised for a public purpose, and matters of public necessity, and no action or suit shall be brought or maintained against the state or any municipality, or airport authority or any officers, agents, servants, or employees of the foregoing, in or about the construction, maintenance, operation, superintendence, or management of any state or municipal airport or airport authority, navigation facility, avigation easement or airport hazard. (b) All lands and other property and privileges acquired and used by or on behalf of the state 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. 374, § 11; 1977, ch. 137, § 7; T.C.A., §§ 42-219, 42-2-118.
(a) The acquisition of any lands or interests in lands pursuant to this chapter, the planning, acquisition, establishment, construction, improvement, maintenance, equipment, and operation of airports, air navigation facilities, and avigation easements and the acquisition, lighting, marking or eliminating of airport hazards, whether by the state separately or jointly with any municipality or municipalities, or airport authority, and the exercise of any other powers granted in this chapter to the department are declared to be public and governmental functions, exercised for a public purpose, and matters of public necessity, and no action or suit shall be brought or maintained against the state or any municipality, or airport authority or any officers, agents, servants, or employees of the foregoing, in or about the construction, maintenance, operation, superintendence, or management of any state or municipal airport or airport authority, navigation facility, avigation easement or airport hazard.
(b) All lands and other property and privileges acquired and used by or on behalf of the state 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. 374, § 11; 1977, ch. 137, § 7; T.C.A., §§ 42-219, 42-2-118.
Tenn. Code Ann. § 42-4-103 — TN Code / Title 42 / Chapter 4 / Section 42-4-103
Chapter definitions
Status: in_force

As used in this chapter, unless the context otherwise requires: (1) "Airport" means and includes any one (1) or more airports or heliports and related facilities, including, but not limited to, land and interests in land, facilities for storage of air and space craft, navigation and landing aids, taxiways, pads, aprons, control towers, passenger and cargo terminal buildings, hangars, administration and office buildings, garages, parking lots, and such other structures, facilities and improvements necessary or convenient to the development and maintenance of airports and heliports, and for the promotion and accommodation of air and space travel, commerce and navigation; (2) "Authority" means a metropolitan airport authority created pursuant to this chapter; (3) "Board" means the board of commissioners of an authority; (4) "Bonds" includes notes, interim certificates or other obligations of an authority; (5) "Carrier" means any person or corporation engaged in the air or space transportation of passengers or cargo; (6) "Creating municipality" means any city or metropolitan government having a population of not less than one hundred thousand (100,000), or any county in which any such city shall be situated, that shall create an authority pursuant to this chapter; (7) "Executive officer" means the mayor, county executive, or other chief executive officer of any creating or participating municipality; (8) "Governing body" means the chief legislative body of any creating or participating municipality; (9) "Participating municipality" means any city, town or county; which city, town or county, pursuant to a resolution of its governing body and an agreement with the creating municipality, has sold, leased, dedicated, donated or otherwise conveyed its airport to the authority for operation by the authority in order to make the airport an operational part of its airport system; and (10) "State" means the state of Tennessee. Acts 1969, ch. 174, § 3; T.C.A., § 42-703.
As used in this chapter, unless the context otherwise requires:
(1) "Airport" means and includes any one (1) or more airports or heliports and related facilities, including, but not limited to, land and interests in land, facilities for storage of air and space craft, navigation and landing aids, taxiways, pads, aprons, control towers, passenger and cargo terminal buildings, hangars, administration and office buildings, garages, parking lots, and such other structures, facilities and improvements necessary or convenient to the development and maintenance of airports and heliports, and for the promotion and accommodation of air and space travel, commerce and navigation;
(2) "Authority" means a metropolitan airport authority created pursuant to this chapter;
(3) "Board" means the board of commissioners of an authority;
(4) "Bonds" includes notes, interim certificates or other obligations of an authority;
(5) "Carrier" means any person or corporation engaged in the air or space transportation of passengers or cargo;
(6) "Creating municipality" means any city or metropolitan government having a population of not less than one hundred thousand (100,000), or any county in which any such city shall be situated, that shall create an authority pursuant to this chapter;
(7) "Executive officer" means the mayor, county executive, or other chief executive officer of any creating or participating municipality;
(8) "Governing body" means the chief legislative body of any creating or participating municipality;
(9) "Participating municipality" means any city, town or county; which city, town or county, pursuant to a resolution of its governing body and an agreement with the creating municipality, has sold, leased, dedicated, donated or otherwise conveyed its airport to the authority for operation by the authority in order to make the airport an operational part of its airport system; and
(10) "State" means the state of Tennessee.
Acts 1969, ch. 174, § 3; T.C.A., § 42-703.
Tenn. Code Ann. § 42-5-201 — TN Code / Title 42 / Chapter 5 / Section 42-5-201
Joint operations authorized
Status: in_force

(a) As used in this part, unless the context otherwise requires: (1) "Governing body" means the governing body of a county or municipality and the head of the agency if the public agency is other than a county or municipality; and (2) "Public agency" includes a municipality, as defined in this chapter, any agency of the state government and of the United States, and any municipality, political subdivision and agency of another state. (b) All powers, privileges and authority granted to any municipality by this chapter may be exercised and enjoyed jointly with any public agency of this state, and jointly with any public agency of any other state or of the United States to the extent that the laws of the other state or of the United States permit such joint exercise or enjoyment. (c) If not otherwise authorized by law, any agency of the state government, when acting jointly with any municipality, may exercise and enjoy all of the powers, privileges and authority conferred by this chapter upon a municipality. Acts 1957, ch. 375, § 16; T.C.A., § 42-321.
(a) As used in this part, unless the context otherwise requires: (1) "Governing body" means the governing body of a county or municipality and the head of the agency if the public agency is other than a county or municipality; and (2) "Public agency" includes a municipality, as defined in this chapter, any agency of the state government and of the United States, and any municipality, political subdivision and agency of another state.
(1) "Governing body" means the governing body of a county or municipality and the head of the agency if the public agency is other than a county or municipality; and
(2) "Public agency" includes a municipality, as defined in this chapter, any agency of the state government and of the United States, and any municipality, political subdivision and agency of another state.
(b) All powers, privileges and authority granted to any municipality by this chapter may be exercised and enjoyed jointly with any public agency of this state, and jointly with any public agency of any other state or of the United States to the extent that the laws of the other state or of the United States permit such joint exercise or enjoyment.
(c) If not otherwise authorized by law, any agency of the state government, when acting jointly with any municipality, may exercise and enjoy all of the powers, privileges and authority conferred by this chapter upon a municipality.
Acts 1957, ch. 375, § 16; T.C.A., § 42-321.
Tenn. Code Ann. § 42-3-112 — TN Code / Title 42 / Chapter 3 / Section 42-3-112
Operation and use privileges
Status: in_force

(a) Operation by Authority. (1) In connection with the operation of an airport or air navigation facility owned, leased or controlled by an authority, the authority may, except as may be limited by the terms and conditions of any grant, loan or agreement, enter into contracts, leases, agreements, grants or other arrangements for terms not to exceed fifty (50) years with any person or persons; provided, that the public is not deprived of its rightful use of the airport or air navigation facility: (A) Granting the privilege of using or improving the airport or air navigation facility, including buildings or structures relating to the airport or air navigation facility, or real property acquired or set aside for such purposes, or any portion or facility of the airport or air navigation facility or space in the airport or air navigation facility for commercial purposes, establishing the charges, rentals or fees at a fixed or variable rate binding upon the parties for the full terms such contracts, leases, agreements, grants or other arrangements, which contracts, leases, agreements, grants or other arrangements may provide for the resolution of disputes arising thereunder or for the fixing of variable terms therein through arbitration or similar procedure; (B) Conferring the privilege of supplying goods, commodities, things, services or facilities at the airport or air navigation facility; (C) Making available services to be furnished by the authority or its agents at the airport or air navigation facility; and (D) Determining the charges, rentals or fees for the use of any properties under its control, and the charges for any services or accommodations, and the terms and conditions under which the properties may be used, except that any charges, rentals and fees as may be fixed or determined by any contract, lease, agreement, grant or other arrangement of privileges, uses, services, accommodations or concessions to which the authority is a party or is the grantor, shall, if so expressly provided therein, be binding upon all parties thereto for the full terms prescribed therein, unless the same is sooner modified or terminated by mutual consent of the parties. (2) In each case, the authority may establish the terms and conditions and fix the charges, rentals or fees for the privileges, uses or services or use of buildings or structures that shall be reasonable and uniform for the same class of privilege or services and shall be established with due regard to the property and improvements used and the expenses of operation to the authority; provided, that in no case shall the public be deprived of its rightful, equal and uniform use of the airport, air navigation facility, or portion of such airport or facility. (b) Other Operation. Except as may be limited by the terms and conditions of any grant, loan or agreement authorized by § 42-3-114 , an authority may by contract, lease, or other arrangements, 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 authority or otherwise, any airport owned or controlled by the authority; provided, that no person shall be granted any authority to operate an 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 authority might not have undertaken under subsection (a). Acts 1957, ch. 376, § 11; T.C.A., § 42-612.
(a) Operation by Authority. (1) In connection with the operation of an airport or air navigation facility owned, leased or controlled by an authority, the authority may, except as may be limited by the terms and conditions of any grant, loan or agreement, enter into contracts, leases, agreements, grants or other arrangements for terms not to exceed fifty (50) years with any person or persons; provided, that the public is not deprived of its rightful use of the airport or air navigation facility: (A) Granting the privilege of using or improving the airport or air navigation facility, including buildings or structures relating to the airport or air navigation facility, or real property acquired or set aside for such purposes, or any portion or facility of the airport or air navigation facility or space in the airport or air navigation facility for commercial purposes, establishing the charges, rentals or fees at a fixed or variable rate binding upon the parties for the full terms such contracts, leases, agreements, grants or other arrangements, which contracts, leases, agreements, grants or other arrangements may provide for the resolution of disputes arising thereunder or for the fixing of variable terms therein through arbitration or similar procedure; (B) Conferring the privilege of supplying goods, commodities, things, services or facilities at the airport or air navigation facility; (C) Making available services to be furnished by the authority or its agents at the airport or air navigation facility; and (D) Determining the charges, rentals or fees for the use of any properties under its control, and the charges for any services or accommodations, and the terms and conditions under which the properties may be used, except that any charges, rentals and fees as may be fixed or determined by any contract, lease, agreement, grant or other arrangement of privileges, uses, services, accommodations or concessions to which the authority is a party or is the grantor, shall, if so expressly provided therein, be binding upon all parties thereto for the full terms prescribed therein, unless the same is sooner modified or terminated by mutual consent of the parties. (2) In each case, the authority may establish the terms and conditions and fix the charges, rentals or fees for the privileges, uses or services or use of buildings or structures that shall be reasonable and uniform for the same class of privilege or services and shall be established with due regard to the property and improvements used and the expenses of operation to the authority; provided, that in no case shall the public be deprived of its rightful, equal and uniform use of the airport, air navigation facility, or portion of such airport or facility.
(1) In connection with the operation of an airport or air navigation facility owned, leased or controlled by an authority, the authority may, except as may be limited by the terms and conditions of any grant, loan or agreement, enter into contracts, leases, agreements, grants or other arrangements for terms not to exceed fifty (50) years with any person or persons; provided, that the public is not deprived of its rightful use of the airport or air navigation facility: (A) Granting the privilege of using or improving the airport or air navigation facility, including buildings or structures relating to the airport or air navigation facility, or real property acquired or set aside for such purposes, or any portion or facility of the airport or air navigation facility or space in the airport or air navigation facility for commercial purposes, establishing the charges, rentals or fees at a fixed or variable rate binding upon the parties for the full terms such contracts, leases, agreements, grants or other arrangements, which contracts, leases, agreements, grants or other arrangements may provide for the resolution of disputes arising thereunder or for the fixing of variable terms therein through arbitration or similar procedure; (B) Conferring the privilege of supplying goods, commodities, things, services or facilities at the airport or air navigation facility; (C) Making available services to be furnished by the authority or its agents at the airport or air navigation facility; and (D) Determining the charges, rentals or fees for the use of any properties under its control, and the charges for any services or accommodations, and the terms and conditions under which the properties may be used, except that any charges, rentals and fees as may be fixed or determined by any contract, lease, agreement, grant or other arrangement of privileges, uses, services, accommodations or concessions to which the authority is a party or is the grantor, shall, if so expressly provided therein, be binding upon all parties thereto for the full terms prescribed therein, unless the same is sooner modified or terminated by mutual consent of the parties.
(A) Granting the privilege of using or improving the airport or air navigation facility, including buildings or structures relating to the airport or air navigation facility, or real property acquired or set aside for such purposes, or any portion or facility of the airport or air navigation facility or space in the airport or air navigation facility for commercial purposes, establishing the charges, rentals or fees at a fixed or variable rate binding upon the parties for the full terms such contracts, leases, agreements, grants or other arrangements, which contracts, leases, agreements, grants or other arrangements may provide for the resolution of disputes arising thereunder or for the fixing of variable terms therein through arbitration or similar procedure;
(B) Conferring the privilege of supplying goods, commodities, things, services or facilities at the airport or air navigation facility;
(C) Making available services to be furnished by the authority or its agents at the airport or air navigation facility; and
(D) Determining the charges, rentals or fees for the use of any properties under its control, and the charges for any services or accommodations, and the terms and conditions under which the properties may be used, except that any charges, rentals and fees as may be fixed or determined by any contract, lease, agreement, grant or other arrangement of privileges, uses, services, accommodations or concessions to which the authority is a party or is the grantor, shall, if so expressly provided therein, be binding upon all parties thereto for the full terms prescribed therein, unless the same is sooner modified or terminated by mutual consent of the parties.
(2) In each case, the authority may establish the terms and conditions and fix the charges, rentals or fees for the privileges, uses or services or use of buildings or structures that shall be reasonable and uniform for the same class of privilege or services and shall be established with due regard to the property and improvements used and the expenses of operation to the authority; provided, that in no case shall the public be deprived of its rightful, equal and uniform use of the airport, air navigation facility, or portion of such airport or facility.
(b) Other Operation. Except as may be limited by the terms and conditions of any grant, loan or agreement authorized by § 42-3-114 , an authority may by contract, lease, or other arrangements, 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 authority or otherwise, any airport owned or controlled by the authority; provided, that no person shall be granted any authority to operate an 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 authority might not have undertaken under subsection (a).
Acts 1957, ch. 376, § 11; T.C.A., § 42-612.
Tenn. Code Ann. § 42-1-110 — TN Code / Title 42 / Chapter 1 / Section 42-1-110
Intentionally killing or attempting to kill birds or animals - Penalty
Status: in_force

Any aeronaut or passenger who, while in flight within this state, intentionally kills or attempts to kill any birds or animals commits a Class C misdemeanor. Acts 1923, ch. 30, § 10; Shan. Supp., § 1616a21; Code 1932, § 2725; T.C.A. (orig. ed.), § 42-110; Acts 1989, ch. 591, § 113.
Any aeronaut or passenger who, while in flight within this state, intentionally kills or attempts to kill any birds or animals commits a Class C misdemeanor.
Acts 1923, ch. 30, § 10; Shan. Supp., § 1616a21; Code 1932, § 2725; T.C.A. (orig. ed.), § 42-110; Acts 1989, ch. 591, § 113.
Tenn. Code Ann. § 42-3-106 — TN Code / Title 42 / Chapter 3 / Section 42-3-106
Proof of existence of authority
Status: in_force

(a) Municipal Authorities. In any suit, action, or proceeding involving the validity or enforcement of, or relating to, any contract of a municipal airport authority, created pursuant to § 42-3-103 , the municipal authority shall be conclusively deemed to have become established and authorized to transact its business and exercise its powers under this chapter upon proof of the adoption by the municipality of the resolution creating the municipal airport authority, the appointment and qualification of the first commissioners of the authority, and of the issuance and recording of a certificate of incorporation. Duly certified copies of the resolution creating the authority, the certificates of appointment of the commissioners, and the certificate of incorporation shall be admissible in evidence in any suit, action, or proceeding. (b) Regional Authorities. In any suit, action, or proceeding involving the validity or enforcement of, or relating to, any contract of a regional airport authority, the regional airport authority shall be conclusively deemed to have become established and authorized to transact its business and exercise its powers under this chapter upon proof of the issuance by the secretary of state of a certificate of incorporation of the regional airport authority. A copy of the certificate of incorporation, duly certified by the secretary of state, or by the county register in whose office the certificate of incorporation is recorded, shall be admissible in evidence in any suit, action, or proceeding. Acts 1957, ch. 376, § 5; T.C.A., § 42-606.
(a) Municipal Authorities. In any suit, action, or proceeding involving the validity or enforcement of, or relating to, any contract of a municipal airport authority, created pursuant to § 42-3-103 , the municipal authority shall be conclusively deemed to have become established and authorized to transact its business and exercise its powers under this chapter upon proof of the adoption by the municipality of the resolution creating the municipal airport authority, the appointment and qualification of the first commissioners of the authority, and of the issuance and recording of a certificate of incorporation. Duly certified copies of the resolution creating the authority, the certificates of appointment of the commissioners, and the certificate of incorporation shall be admissible in evidence in any suit, action, or proceeding.
(b) Regional Authorities. In any suit, action, or proceeding involving the validity or enforcement of, or relating to, any contract of a regional airport authority, the regional airport authority shall be conclusively deemed to have become established and authorized to transact its business and exercise its powers under this chapter upon proof of the issuance by the secretary of state of a certificate of incorporation of the regional airport authority. A copy of the certificate of incorporation, duly certified by the secretary of state, or by the county register in whose office the certificate of incorporation is recorded, shall be admissible in evidence in any suit, action, or proceeding.
Acts 1957, ch. 376, § 5; T.C.A., § 42-606.
Tenn. Code Ann. § 42-6-113 — TN Code / Title 42 / Chapter 6 / Section 42-6-113
Acquisition of air rights
Status: in_force

In any case in which: (1) It is desired to remove, lower, or otherwise terminate a nonconforming use; (2) The approach protection necessary cannot, because of constitutional limitations, be provided by airport zoning regulations under this law; or (3) It appears advisable that the necessary approach protection be provided by acquisition of property rights rather than by airport zoning regulations; the political subdivision within which the property or nonconforming use is located or the political subdivision owning the airport or served by it may acquire, by purchase, grant, or condemnation in the manner provided by the law under which political subdivisions are authorized to acquire real property for public purposes, such an air right, easement, or other estate or interest in the property or nonconforming use in question as may be necessary to effectuate the purposes of this chapter. Acts 1945, ch. 74, § 12; C. Supp. 1950, § 2726.31 (Williams, § 2726.58); T.C.A. (orig. ed.), § 42-413.
In any case in which:
(1) It is desired to remove, lower, or otherwise terminate a nonconforming use;
(2) The approach protection necessary cannot, because of constitutional limitations, be provided by airport zoning regulations under this law; or
(3) It appears advisable that the necessary approach protection be provided by acquisition of property rights rather than by airport zoning regulations; the political subdivision within which the property or nonconforming use is located or the political subdivision owning the airport or served by it may acquire, by purchase, grant, or condemnation in the manner provided by the law under which political subdivisions are authorized to acquire real property for public purposes, such an air right, easement, or other estate or interest in the property or nonconforming use in question as may be necessary to effectuate the purposes of this chapter.
the political subdivision within which the property or nonconforming use is located or the political subdivision owning the airport or served by it may acquire, by purchase, grant, or condemnation in the manner provided by the law under which political subdivisions are authorized to acquire real property for public purposes, such an air right, easement, or other estate or interest in the property or nonconforming use in question as may be necessary to effectuate the purposes of this chapter.
Acts 1945, ch. 74, § 12; C. Supp. 1950, § 2726.31 (Williams, § 2726.58); T.C.A. (orig. ed.), § 42-413.
Tenn. Code Ann. § 42-1-206 — TN Code / Title 42 / Chapter 1 / Section 42-1-206
Department to advise federal officials of conviction
Status: in_force

It is the duty of the department of transportation to advise the officials of the federal government charged with the licensing of pilots of an aircraft whenever there has been a conviction of any person under this part, and it is further the duty of the department to petition the proper officials of the federal government to suspend the license of any pilot convicted of violating this part and to cooperate with the federal licensing officials in whatever investigation they may make in connection with any suspension hearing. Acts 1947, ch. 132, § 6; C. Supp. 1950, § 2726.6 (Williams, § 2726.67); impl. am. Acts 1957, ch. 374; impl. am. Acts 1972, ch. 829, § 16; T.C.A. (orig. ed.), § 42-117.
It is the duty of the department of transportation to advise the officials of the federal government charged with the licensing of pilots of an aircraft whenever there has been a conviction of any person under this part, and it is further the duty of the department to petition the proper officials of the federal government to suspend the license of any pilot convicted of violating this part and to cooperate with the federal licensing officials in whatever investigation they may make in connection with any suspension hearing.
Acts 1947, ch. 132, § 6; C. Supp. 1950, § 2726.6 (Williams, § 2726.67); impl. am. Acts 1957, ch. 374; impl. am. Acts 1972, ch. 829, § 16; T.C.A. (orig. ed.), § 42-117.
Tenn. Code Ann. § 42-6-107 — TN Code / Title 42 / Chapter 6 / Section 42-6-107
Amendments to ordinance - Procedure
Status: in_force

The zoning ordinance, including the maps, may from time to time be amended, but no amendment shall become effective unless it be first submitted to and approved by the agencies originally certifying the ordinance or, if disapproved, shall receive the favorable vote of a majority of the entire membership of the chief legislative body. Acts 1945, ch. 74, § 7; C. Supp. 1950, § 2726.26 (Williams, § 2726.53); T.C.A. (orig. ed.), § 42-407.
The zoning ordinance, including the maps, may from time to time be amended, but no amendment shall become effective unless it be first submitted to and approved by the agencies originally certifying the ordinance or, if disapproved, shall receive the favorable vote of a majority of the entire membership of the chief legislative body.
Acts 1945, ch. 74, § 7; C. Supp. 1950, § 2726.26 (Williams, § 2726.53); T.C.A. (orig. ed.), § 42-407.
Tenn. Code Ann. § 42-5-121 — TN Code / Title 42 / Chapter 5 / Section 42-5-121
Mutual aid
Status: in_force

If any municipality determines that the public interest and the interests of the municipality will be served by assisting any other municipality or municipalities in exercising the powers and authority granted by this chapter, the municipality may furnish assistance by gift of real or personal property, or lease or loan thereof with or without charge or interest. In appropriating property or money and providing for assistance by taxation, the issuance of bonds, or other means, the municipality may exercise all of its powers as though used for its own direct purposes as provided in this chapter. Acts 1957, ch. 375, § 15; T.C.A., § 42-320.
If any municipality determines that the public interest and the interests of the municipality will be served by assisting any other municipality or municipalities in exercising the powers and authority granted by this chapter, the municipality may furnish assistance by gift of real or personal property, or lease or loan thereof with or without charge or interest. In appropriating property or money and providing for assistance by taxation, the issuance of bonds, or other means, the municipality may exercise all of its powers as though used for its own direct purposes as provided in this chapter.
Acts 1957, ch. 375, § 15; T.C.A., § 42-320.
Tenn. Code Ann. § 42-5-108 — TN Code / Title 42 / Chapter 5 / Section 42-5-108
Eminent domain
Status: in_force

(a) In the acquisition of property by eminent domain proceedings authorized by this chapter, the municipality shall proceed in the manner provided by title 29, chapter 16. For the purpose of making surveys and examinations relative to any eminent domain proceedings, it is lawful to enter upon any land, doing no unnecessary damage. (b) Notwithstanding any other statute or of any applicable municipal charter, the municipality may take possession of any property to be acquired by eminent domain proceedings at any time after the commencement of the proceedings. (c) The municipality shall not be precluded from abandoning eminent domain 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 by the proceedings and at any time prior to the entry of a final decree disposing of the entire eminent domain proceedings. Acts 1957, ch. 375, § 3; T.C.A., § 42-308.
(a) In the acquisition of property by eminent domain proceedings authorized by this chapter, the municipality shall proceed in the manner provided by title 29, chapter 16. For the purpose of making surveys and examinations relative to any eminent domain proceedings, it is lawful to enter upon any land, doing no unnecessary damage.
(b) Notwithstanding any other statute or of any applicable municipal charter, the municipality may take possession of any property to be acquired by eminent domain proceedings at any time after the commencement of the proceedings.
(c) The municipality shall not be precluded from abandoning eminent domain 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 by the proceedings and at any time prior to the entry of a final decree disposing of the entire eminent domain proceedings.
Acts 1957, ch. 375, § 3; T.C.A., § 42-308.
Tenn. Code Ann. § 42-3-205 — TN Code / Title 42 / Chapter 3 / Section 42-3-205
Joint fund
Status: in_force

For the purpose of providing the joint board with moneys for the necessary expenditures in carrying out this part, a joint fund shall be created and maintained, into which shall be deposited the share of each of the constituent public agencies as provided by the joint agreement. Any federal, state or other grants, contributions or loans, and the revenues obtained from the joint ownership, control and operation of any airport or air navigation facility under the jurisdiction of the joint board shall be paid into the joint fund. Disbursements from the fund shall be made by order of the board, subject to the limitations prescribed in § 42-3-204 . Acts 1957, ch. 376, § 14; T.C.A., § 42-619.
For the purpose of providing the joint board with moneys for the necessary expenditures in carrying out this part, a joint fund shall be created and maintained, into which shall be deposited the share of each of the constituent public agencies as provided by the joint agreement. Any federal, state or other grants, contributions or loans, and the revenues obtained from the joint ownership, control and operation of any airport or air navigation facility under the jurisdiction of the joint board shall be paid into the joint fund. Disbursements from the fund shall be made by order of the board, subject to the limitations prescribed in § 42-3-204 .
Acts 1957, ch. 376, § 14; T.C.A., § 42-619.
Tenn. Code Ann. § 42-5-114 — TN Code / Title 42 / Chapter 5 / Section 42-5-114
Appropriations and taxation
Status: in_force

(a) The governing body of any municipality having power to appropriate and raise money is authorized to appropriate and to raise by taxation or otherwise sufficient moneys to carry out the provisions and purposes of this chapter. (b) Regardless of any limitation by general or special law or charter as to the amount or total of taxes that may be levied, taxes may be levied by the governing body of a municipality for the purposes of this chapter in excess of any such limitation; provided, that such amount in excess of the limitation is authorized by an ordinance or resolution referred to and approved by a majority of the voters of the municipality voting in an election to approve or disapprove the ordinance or resolution. (c) Nothing in this section shall be deemed to require or to have required an election to authorize the levy of ad valorem taxes, without limitation of rate or amount, for the payment of the principal of and interest on bonds or other obligations of a municipality issued for any of the purposes listed in § 42-5-115 when the provisions of any other section or chapter of this code, or any other general or special law or charter, under the authority of which such bonds or other obligations are or were issued, and the proceedings authorizing the issuance of such bonds taken pursuant thereto, provide for the levy of taxes, without limitation of rate or amount, for the payment of the principal of and interest on such bonds or other obligations. Acts 1957, ch. 375, § 9; 1961, ch. 322, § 2; T.C.A., § 42-314.
(a) The governing body of any municipality having power to appropriate and raise money is authorized to appropriate and to raise by taxation or otherwise sufficient moneys to carry out the provisions and purposes of this chapter.
(b) Regardless of any limitation by general or special law or charter as to the amount or total of taxes that may be levied, taxes may be levied by the governing body of a municipality for the purposes of this chapter in excess of any such limitation; provided, that such amount in excess of the limitation is authorized by an ordinance or resolution referred to and approved by a majority of the voters of the municipality voting in an election to approve or disapprove the ordinance or resolution.
(c) Nothing in this section shall be deemed to require or to have required an election to authorize the levy of ad valorem taxes, without limitation of rate or amount, for the payment of the principal of and interest on bonds or other obligations of a municipality issued for any of the purposes listed in § 42-5-115 when the provisions of any other section or chapter of this code, or any other general or special law or charter, under the authority of which such bonds or other obligations are or were issued, and the proceedings authorizing the issuance of such bonds taken pursuant thereto, provide for the levy of taxes, without limitation of rate or amount, for the payment of the principal of and interest on such bonds or other obligations.
Acts 1957, ch. 375, § 9; 1961, ch. 322, § 2; T.C.A., § 42-314.
Tenn. Code Ann. § 42-2-209 — TN Code / Title 42 / Chapter 2 / Section 42-2-209
Rules, regulations and standards of department
Status: in_force

(a) Power to Issue. (1) The department may perform acts, issue and amend orders and make, promulgate, and amend reasonable, general or special rules, regulations and procedures, and establish minimum standards, consistent with this chapter, that it deems necessary to carry out this chapter and to perform its duties under this chapter, commensurate with and for the purpose of protecting and ensuring the general public interest and safety, the safety of persons operating, using or traveling in aircraft or persons receiving instructions in flying or ground subjects pertaining to aeronautics, and the safety of persons and property on land or water, and developing and promoting aeronautics in this state. (2) No rule or regulation of the department shall apply to airports or air navigation facilities owned or operated by the United States. (b) Conformity to Federal Legislation and Rules. All rules and regulations prescribed by the department under the authority of this chapter shall be kept in conformity, as nearly as may be, with the then current federal legislation governing aeronautics and the rules, regulations, and standards duly issued under that legislation. Acts 1957, ch. 374, § 12; 1972, ch. 829, § 21; T.C.A., §§ 42-220, 42-2-119.
(a) Power to Issue. (1) The department may perform acts, issue and amend orders and make, promulgate, and amend reasonable, general or special rules, regulations and procedures, and establish minimum standards, consistent with this chapter, that it deems necessary to carry out this chapter and to perform its duties under this chapter, commensurate with and for the purpose of protecting and ensuring the general public interest and safety, the safety of persons operating, using or traveling in aircraft or persons receiving instructions in flying or ground subjects pertaining to aeronautics, and the safety of persons and property on land or water, and developing and promoting aeronautics in this state. (2) No rule or regulation of the department shall apply to airports or air navigation facilities owned or operated by the United States.
(1) The department may perform acts, issue and amend orders and make, promulgate, and amend reasonable, general or special rules, regulations and procedures, and establish minimum standards, consistent with this chapter, that it deems necessary to carry out this chapter and to perform its duties under this chapter, commensurate with and for the purpose of protecting and ensuring the general public interest and safety, the safety of persons operating, using or traveling in aircraft or persons receiving instructions in flying or ground subjects pertaining to aeronautics, and the safety of persons and property on land or water, and developing and promoting aeronautics in this state.
(2) No rule or regulation of the department shall apply to airports or air navigation facilities owned or operated by the United States.
(b) Conformity to Federal Legislation and Rules. All rules and regulations prescribed by the department under the authority of this chapter shall be kept in conformity, as nearly as may be, with the then current federal legislation governing aeronautics and the rules, regulations, and standards duly issued under that legislation.
Acts 1957, ch. 374, § 12; 1972, ch. 829, § 21; T.C.A., §§ 42-220, 42-2-119.