reglab/statecodes huggingface dataset:
2023 Tennessee Code › Title 42 - AERONAUTICS (§§ 42-1-101 — 42-8-105) › Chapter 5 - COUNTY AND MUNICIPAL AIRPORTS (§§ 42-5-101 — 42-5-205) › Part 2 - JOINT OPERATIONS (§§ 42-5-201 — 42-5-205) › Section 42-5-201 - Joint operations authorized

(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.
2023 Tennessee Code › Title 42 - AERONAUTICS (§§ 42-1-101 — 42-8-105) › Chapter 5 - COUNTY AND MUNICIPAL AIRPORTS (§§ 42-5-101 — 42-5-205) › Part 2 - JOINT OPERATIONS (§§ 42-5-201 — 42-5-205) › Section 42-5-202 - Agreement as to joint operation

(a)
Any two (2) or more public agencies may enter into agreements with each other for joint action pursuant to this part. Concurrent action by ordinance, resolution or otherwise of the governing bodies of the participating public agencies shall constitute joint action.
(b)
Each such agreement shall specify its duration, the proportionate interest that each public agency shall have in the property, facilities, and privileges involved, the proportion to be borne by each public agency of preliminary costs and costs of acquisition, establishment, construction, enlargement, improvement, and equipment of the airport or air navigation facility, the proportion of the expenses of maintenance, operation, regulation and protection thereof to be borne by each, and such other terms as are required by this section.
(c)
The agreement may also provide for:
(1)
Amendments thereof, and conditions and methods of termination of the agreement;
(2)
The disposal of all or any of the property, facilities and privileges jointly owned, prior to or upon the property, facilities and privileges, or any part thereof, ceasing to be used for the purposes provided in this chapter, or upon any such disposal, and of any funds or other property jointly owned and undisposed of;
(3)
The assumption or payment of any indebtedness arising from the joint venture that remains unpaid upon the disposal of all assets or upon a termination of the agreement; and
(4)
Such other provisions as may be necessary or convenient.
Acts 1957, ch. 375, § 16; T.C.A., § 42-322.
2023 Tennessee Code › Title 42 - AERONAUTICS (§§ 42-1-101 — 42-8-105) › Chapter 5 - COUNTY AND MUNICIPAL AIRPORTS (§§ 42-5-101 — 42-5-205) › Part 2 - JOINT OPERATIONS (§§ 42-5-201 — 42-5-205) › Section 42-5-203 - Joint board

(a)
Public agencies acting jointly pursuant to this part shall create a joint board, which shall consist of members appointed by the governing body of each participating public agency.
(b)
The number of members to be appointed, and the length of term and compensation, if any, shall be provided for in the joint agreement.
(c)
Each joint board shall organize, select officers for terms to be fixed by the agreement, and adopt and amend from time to time rules for its own procedure.
(d)
The joint board has the power to plan, acquire, establish, develop, construct, enlarge, improve, maintain, equip, operate, regulate, protect, and police any airport or air navigation facility or airport hazard or navigation easement to be jointly acquired, controlled and operated, and such board may exercise, on behalf of its constituent public agencies, all the powers of each with respect to the airport, air navigation facility, airport hazard, or navigation easement, subject to the limitations of §
42-5-204
.
Acts 1957, ch. 375, § 16; T.C.A., § 42-323.
2023 Tennessee Code › Title 42 - AERONAUTICS (§§ 42-1-101 — 42-8-105) › Chapter 5 - COUNTY AND MUNICIPAL AIRPORTS (§§ 42-5-101 — 42-5-205) › Part 2 - JOINT OPERATIONS (§§ 42-5-201 — 42-5-205) › Section 42-5-204 - Limitations on joint board

(a)
Expenditures.
The total expenditures to be made by the joint board for any purpose in any fiscal year shall be determined by a budget approved by the governing bodies of its constituent public agencies on or before thirty (30) days preceding the first day of the fiscal year.
(b)
Acquisitions Beyond Sums Allotted.
No airport, air navigation facility, airport hazard, avigation easement, or real or personal property, the cost of which is in excess of sums therefor fixed by the joint agreement or allotted in the annual budget, may be acquired by the joint board without the approval of the governing bodies of its constituent public agencies.
(c)
Eminent Domain.
Eminent domain proceedings under this part may be instituted only by authority of the governing bodies of the constituent public agencies, which authority may be by resolution or ordinance; provided, that the joint board may, without such consent, enter into the contract, lease or other arrangements contemplated by §
42-5-110
.
(d)
Disposal of Real Property.
The joint board shall not dispose of any airport, air navigation facility, avigation easement, or real property under its jurisdiction except with the consent of the governing bodies of its constituent public agencies; provided, that the joint board may, without such consent, enter into the contract, lease or other arrangements contemplated by §
42-5-110
.
(e)
Police Regulations.
Any resolutions, rules, regulations or orders of the joint board regarding the subjects authorized by §
42-5-113
shall become effective only upon approval of the governing bodies of the constituent public agencies; provided, that upon approval, the resolutions, rules, regulations or orders of the joint board shall have the same force and effect in the territories or jurisdictions involved as the ordinances, resolutions, regulations, rules or orders of each public agency would have in its own territory or jurisdiction.
Acts 1957, ch. 375, § 16; T.C.A., § 42-324.
2023 Tennessee Code › Title 42 - AERONAUTICS (§§ 42-1-101 — 42-8-105) › Chapter 5 - COUNTY AND MUNICIPAL AIRPORTS (§§ 42-5-101 — 42-5-205) › Part 2 - JOINT OPERATIONS (§§ 42-5-201 — 42-5-205) › Section 42-5-205 - Joint fund

(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.
2023 Tennessee Code › Title 42 - AERONAUTICS (§§ 42-1-101 — 42-8-105) › Chapter 6 - AIRPORT ZONING (§§ 42-6-101 — 42-6-116) › Section 42-6-101 - Chapter definitions

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.
2023 Tennessee Code › Title 42 - AERONAUTICS (§§ 42-1-101 — 42-8-105) › Chapter 6 - AIRPORT ZONING (§§ 42-6-101 — 42-6-116) › Section 42-6-102 - Control of airport hazards is a public purpose

(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.
2023 Tennessee Code › Title 42 - AERONAUTICS (§§ 42-1-101 — 42-8-105) › Chapter 6 - AIRPORT ZONING (§§ 42-6-101 — 42-6-116) › Section 42-6-103 - Airport zoning regulations for airport hazard area - Adoption - Enforcement

(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.
2023 Tennessee Code › Title 42 - AERONAUTICS (§§ 42-1-101 — 42-8-105) › Chapter 6 - AIRPORT ZONING (§§ 42-6-101 — 42-6-116) › Section 42-6-104 - Relation to other zoning ordinances - Resolution of conflicts

(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.
2023 Tennessee Code › Title 42 - AERONAUTICS (§§ 42-1-101 — 42-8-105) › Chapter 6 - AIRPORT ZONING (§§ 42-6-101 — 42-6-116) › Section 42-6-105 - Certification of zoning plan

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.
2023 Tennessee Code › Title 42 - AERONAUTICS (§§ 42-1-101 — 42-8-105) › Chapter 6 - AIRPORT ZONING (§§ 42-6-101 — 42-6-116) › Section 42-6-106 - Hearing on zoning ordinance - Notice - Approval or disapproval

Before enacting the zoning ordinance or any amendment thereof, the chief legislative body shall hold a public hearing on the ordinance or amendment, at least fifteen (15) days' notice of the time and place of which shall be published in the official municipal journal or in a newspaper of general local circulation. No change in or departure from the text or maps as certified under §
42-6-103
shall be made, unless the change or departure is first submitted to the planning commission or office and approved by it or, if disapproved, receive the favorable vote of a majority of the entire membership of the chief legislative body.
Acts 1945, ch. 74, § 6; C. Supp. 1950, § 2726.25 (Williams, § 2726.52); impl. am. Acts 1972, ch. 542, § 15; T.C.A. (orig. ed.), § 42-406.
2023 Tennessee Code › Title 42 - AERONAUTICS (§§ 42-1-101 — 42-8-105) › Chapter 6 - AIRPORT ZONING (§§ 42-6-101 — 42-6-116) › Section 42-6-107 - Amendments to ordinance - Procedure

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.
2023 Tennessee Code › Title 42 - AERONAUTICS (§§ 42-1-101 — 42-8-105) › Chapter 6 - AIRPORT ZONING (§§ 42-6-101 — 42-6-116) › Section 42-6-108 - Board of appeals - Creation - Members - Term - Duties and jurisdiction

(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.
2023 Tennessee Code › Title 42 - AERONAUTICS (§§ 42-1-101 — 42-8-105) › Chapter 6 - AIRPORT ZONING (§§ 42-6-101 — 42-6-116) › Section 42-6-109 - Parties to appeals - Powers of appeal board

(a)
Appeals to the board of appeals may be taken by any person aggrieved or by any officer, department, board or bureau of the municipality or other political subdivision affected by any grant or refusal of a building permit or other act or decision of the enforcing official or other administrative official based in whole or in part upon the provisions of any ordinance enacted under this chapter.
(b)
The board of appeals has the following powers:
(1)
To hear and decide any error appellant alleges to be in any order, requirement, permit, decision or refusal made by the municipal building commissioner or any other administrative official in carrying out or enforcing any provision of any ordinance enacted pursuant to this chapter;
(2)
To hear and decide, in accordance with the provisions of any such ordinance, requests for special exceptions or for interpretation of the map or for decisions upon other special questions upon which the board is authorized by any such ordinance to pass;
(3)
Where, by reason of exceptional narrowness, shallowness or shape of a specific piece of property at the time of the enactment of the zoning regulation, or by reason of exceptional topographic conditions or other extraordinary and exceptional situation or condition of such piece of property, the strict application of any regulation enacted under this law would result in peculiar and exceptional practical difficulties to or exceptional or undue hardship upon the owner of the property, to authorize, upon an appeal relating to the property, a variance from such strict application so as to relieve such difficulties or hardship; provided, that such relief may be granted without substantial detriment to the public good and without substantially impairing the intent and purpose of the zoning plan and zoning ordinance; and
(4)
In granting any variance or approving the issuance of any permit under this section, the administrative agency or board of appeals may, if it deems such action advisable to effectuate the purposes of this chapter and reasonable in circumstances, so condition the permit or variance as to require the owner of the structure or tree in question to permit the political subdivision, at its own expense, to install, operate, and maintain suitable obstruction markers and obstruction lights thereon.
Acts 1945, ch. 74, § 8; C. Supp. 1950, § 2726.27 (Williams, § 2726.54); T.C.A. (orig. ed.), § 42-409.
2023 Tennessee Code › Title 42 - AERONAUTICS (§§ 42-1-101 — 42-8-105) › Chapter 6 - AIRPORT ZONING (§§ 42-6-101 — 42-6-116) › Section 42-6-110 - Enforcement of ordinance - Remedies

(a)
The chief legislative body may provide for the enforcement of any ordinance enacted under this chapter.
(b)
A violation of any such ordinance is a Class A misdemeanor.
(c)
In case any building or structure is or is proposed to be erected, constructed, reconstructed, altered, converted, or maintained, or any building, structure or land is or is proposed to be used in violation of any ordinance enacted under this chapter, the building commissioner, municipal counsel or other appropriate authority of the municipality or other political subdivision or any adjacent or neighboring property owner who would be specially damaged by such violation, may, in addition to other remedies, institute injunction, mandamus or other appropriate action or proceeding to prevent such unlawful erection, construction, reconstruction, alteration, conversion, maintenance, use, or to correct or abate the violation or to prevent the occupancy of the building, structure or land.
Acts 1945, ch. 74, § 9; C. Supp. 1950, § 2726.28 (Williams, § 2726.55); T.C.A. (orig. ed.), § 42-410; Acts 1989, ch. 591, § 1.
2023 Tennessee Code › Title 42 - AERONAUTICS (§§ 42-1-101 — 42-8-105) › Chapter 6 - AIRPORT ZONING (§§ 42-6-101 — 42-6-116) › Section 42-6-111 - Airport zoning regulations to be reasonable

(a)
All airport zoning regulations adopted under this chapter shall be reasonable, and none shall impose any requirements or restrictions that are not reasonably necessary to effectuate the purposes of this chapter.
(b)
In determining what regulations it may adopt, each political subdivision and joint airport zoning board shall consider, among other things, the character of the flying operations expected to be conducted at the airport, and the nature of the terrain within the airport hazard area.
Acts 1945, ch. 74, § 10; C. Supp. 1950, § 2726.29 (Williams, § 2726.56); T.C.A. (orig. ed.), § 42-411.
2023 Tennessee Code › Title 42 - AERONAUTICS (§§ 42-1-101 — 42-8-105) › Chapter 6 - AIRPORT ZONING (§§ 42-6-101 — 42-6-116) › Section 42-6-112 - Restriction on zoning regulations

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.
2023 Tennessee Code › Title 42 - AERONAUTICS (§§ 42-1-101 — 42-8-105) › Chapter 6 - AIRPORT ZONING (§§ 42-6-101 — 42-6-116) › Section 42-6-113 - Acquisition of air rights

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.
2023 Tennessee Code › Title 42 - AERONAUTICS (§§ 42-1-101 — 42-8-105) › Chapter 6 - AIRPORT ZONING (§§ 42-6-101 — 42-6-116) › Section 42-6-114 - Regulations and standards controlling over other laws

Whenever the regulations made under authority of this chapter require a lower height of buildings or impose other higher standards than are required in any other law, provision made under regulations or authority of this chapter shall govern.
Acts 1945, ch. 74, § 13; C. Supp. 1950, § 2726.32 (Williams, § 2726.59); T.C.A. (orig. ed.), § 42-414.
2023 Tennessee Code › Title 42 - AERONAUTICS (§§ 42-1-101 — 42-8-105) › Chapter 6 - AIRPORT ZONING (§§ 42-6-101 — 42-6-116) › Section 42-6-115 - Zoning under special acts

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.
2023 Tennessee Code › Title 42 - AERONAUTICS (§§ 42-1-101 — 42-8-105) › Chapter 6 - AIRPORT ZONING (§§ 42-6-101 — 42-6-116) › Section 42-6-116 - Incompatible use prohibited - Airport noise compatibility plan not required

(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.
2023 Tennessee Code › Title 42 - AERONAUTICS (§§ 42-1-101 — 42-8-105) › Chapter 7 - CIVIL AIR PATROL (§§ 42-7-101 — 42-7-102) › Section 42-7-101 - Tennessee wing, existing for public purposes - Gifts and allotments, authority to receive

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.
2023 Tennessee Code › Title 42 - AERONAUTICS (§§ 42-1-101 — 42-8-105) › Chapter 7 - CIVIL AIR PATROL (§§ 42-7-101 — 42-7-102) › Section 42-7-102 - Leave of absence with pay - Other rights and benefits

(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.
2023 Tennessee Code › Title 42 - AERONAUTICS (§§ 42-1-101 — 42-8-105) › Chapter 8 - HELIPORTS (§§ 42-8-101 — 42-8-105) › Section 42-8-101 - Chapter definitions

As used in this chapter, unless the context otherwise requires:
(1)
"Heliport" means land from which helicopters take off and land. "Heliport" does not include heliports operated by a health care institution as defined in §
68-11-1602
or land on which a helicopter makes a landing required by an emergency. "Heliport" also does not include land that is on private property used for the landing of a privately owned and operated helicopter for private, non-commercial purposes on a limited basis that in no way is ever used by or for commercial helicopter touring as commercial helicopter touring is defined in §
42-1-301
; and
(2)
"Tourist resort county" means a county having more than five percent (5%) of its territory located within the boundaries of a national park established pursuant to
16 U.S.C. § 403
.
Acts 1992, ch. 727, §2; 2009 , ch. 57, § 1; 2010 , ch. 965, § 1.
2023 Tennessee Code › Title 42 - AERONAUTICS (§§ 42-1-101 — 42-8-105) › Chapter 8 - HELIPORTS (§§ 42-8-101 — 42-8-105) › Section 42-8-102 - Certain land not to be used as heliport - Heliports on such land

(a)
Land in a tourist resort county within nine (9) miles of the boundary of a national park established pursuant to
16 U.S.C. § 403
cannot be used as a heliport.
(b)
The department of transportation shall not issue or renew licenses pursuant to chapter 2 of this title for any heliport located on land subject to the prohibition in subsection (a), except that licenses may be renewed for heliports allowed to continue to operate under §
42-8-103
.
Acts 1992, ch. 727, § 3.
2023 Tennessee Code › Title 42 - AERONAUTICS (§§ 42-1-101 — 42-8-105) › Chapter 8 - HELIPORTS (§§ 42-8-101 — 42-8-105) › Section 42-8-103 - Violations - Heliport deemed nuisance - Abatement, removal, conformity

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.
2023 Tennessee Code › Title 42 - AERONAUTICS (§§ 42-1-101 — 42-8-105) › Chapter 8 - HELIPORTS (§§ 42-8-101 — 42-8-105) › Section 42-8-104 - Violations - Heliport deemed nuisance - Private right of action

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.
2023 Tennessee Code › Title 42 - AERONAUTICS (§§ 42-1-101 — 42-8-105) › Chapter 8 - HELIPORTS (§§ 42-8-101 — 42-8-105) › Section 42-8-105 - Applicability - Stricter standards

(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.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 1 - DEPARTMENT OF AGRICULTURE (§§ 43-1-101 — 43-1-803) › Part 1 - COMMISSIONER-DUTIES-GENERAL PROVISIONS (§§ 43-1-101 — 43-1-114) › Section 43-1-101 - Qualifications of commissioner

The commissioner of agriculture, who is in control of the department of agriculture, shall be a practical farmer, actively identified with the agricultural interests of the state.
Acts 1923, ch. 7, § 30; Shan. Supp., § 373a73; Code 1932, §§ 296, 424; modified; T.C.A. (orig. ed.), § 43-102.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 1 - DEPARTMENT OF AGRICULTURE (§§ 43-1-101 — 43-1-803) › Part 1 - COMMISSIONER-DUTIES-GENERAL PROVISIONS (§§ 43-1-101 — 43-1-114) › Section 43-1-106 - Duties of commissioner

It is the duty of the commissioner of agriculture to determine, on the commissioner's own initiative, or upon request by the county legislative body of any county in this state, agricultural areas adjacent to state highways that are:
(1)
Row crop areas devoted primarily for the growth of corn, cotton, soy beans, vegetables, and other similar seasonal agricultural commodities; and
(2)
Grassland areas maintained and used primarily for grazing of livestock.
Acts 1875, ch. 13, § 4; Shan., § 318; Code 1932, § 430; modified; Acts 1961, ch. 22, § 1; impl. am. Acts 1965, ch. 82, § 8; impl. am. Acts 1971, ch. 90, § 1; impl. am. Acts 1971, ch. 131, § 1; Acts 1972, ch. 801, § 2; impl. am. Acts 1973, ch. 341, § 3; 1977, ch. 112, § 1; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 43-107; Acts 1988, ch. 878, § 13.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 1 - DEPARTMENT OF AGRICULTURE (§§ 43-1-101 — 43-1-803) › Part 1 - COMMISSIONER-DUTIES-GENERAL PROVISIONS (§§ 43-1-101 — 43-1-114) › Section 43-1-107 - Annual planting and harvest seasons

Except as provided in §
70-8-203
, the recognized annual planting and harvest seasons for the state extend from January 1 to December 31 of each year.
Added by 2015 Tenn. Acts, ch. 135,s 1, eff. 4/17/2015.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 1 - DEPARTMENT OF AGRICULTURE (§§ 43-1-101 — 43-1-803) › Part 1 - COMMISSIONER-DUTIES-GENERAL PROVISIONS (§§ 43-1-101 — 43-1-114) › Section 43-1-108 - Audiovisual recordation of animal inspection permitted

Unless otherwise prohibited by federal law, the owner of any animal that is subject to an inspection in this state for the purpose of determining compliance with any statutory or regulatory requirement shall be permitted to personally record such inspection by audiovisual means or designate an agent to record such inspection by audiovisual means.
Added by 2016 Tenn. Acts, ch. 628,s 1, eff. 3/22/2016.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 1 - DEPARTMENT OF AGRICULTURE (§§ 43-1-101 — 43-1-803) › Part 1 - COMMISSIONER-DUTIES-GENERAL PROVISIONS (§§ 43-1-101 — 43-1-114) › Section 43-1-109 - Primary inspection agency for grist mills

The department of agriculture, in its role as the primary food manufacturing inspection agency for this state, shall be the primary inspection agency for grist mills that are located in this state.
Added by 2016 Tenn. Acts, ch. 764,s 1, eff. 4/19/2016.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 1 - DEPARTMENT OF AGRICULTURE (§§ 43-1-101 — 43-1-803) › Part 1 - COMMISSIONER-DUTIES-GENERAL PROVISIONS (§§ 43-1-101 — 43-1-114) › Section 43-1-111 - Promotion and enhancement of equine industry

The commissioner of agriculture shall employ at least one (1) agricultural marketing specialist whose primary duty shall be the provision and coordination of such technical assistance, support, and encouragement as may be needed to promote and enhance development of Tennessee's equine industry. The commissioner shall collect, publish, and distribute statistics relating to equine production and marketing activities and opportunities within the state. The commissioner shall provide such other informational services as may be needed to notify the state's equine industry concerning the financial, managerial, marketing, regulatory, and administrative aspects of the horse industry in Tennessee and in other states.
Acts 1988, ch. 796, § 1.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 1 - DEPARTMENT OF AGRICULTURE (§§ 43-1-101 — 43-1-803) › Part 1 - COMMISSIONER-DUTIES-GENERAL PROVISIONS (§§ 43-1-101 — 43-1-114) › Section 43-1-112 - Nursery stock production, sales and marketing

(a)
The commissioner of agriculture shall employ at least one (1) production and marketing specialist whose primary duty shall be the provision and coordination of technical assistance, support, and encouragement needed to promote and enhance the statewide development of nursery stock production and sales. At least once each year, the commissioner shall collect, publish, and distribute statistics relating to nursery stock production, marketing activities, and opportunities across the state. The commissioner shall provide other information to notify Tennesseans of the financial, managerial, marketing, regulatory, and administrative aspects of nursery stock production.
(b)
As used in this section, "nursery stock production" means growing or propagating ornamental trees, shrubs, and other perennial plants or parts of ornamental trees, shrubs, or plants for sale on a commercial basis.
(c)
To the extent feasible within existing budgetary resources, the University of Tennessee extension shall assist and cooperate with the department of agriculture in the provision and coordination of technical assistance, statistical, marketing and other information, support and encouragement necessary to promote and enhance the statewide development of nursery stock production.
Acts 1993, ch. 166, §§ 1, 2; 2004, ch. 517, § 3.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 1 - DEPARTMENT OF AGRICULTURE (§§ 43-1-101 — 43-1-803) › Part 1 - COMMISSIONER-DUTIES-GENERAL PROVISIONS (§§ 43-1-101 — 43-1-114) › Section 43-1-113 - Definition of agriculture

(a)
The definition of agriculture as set forth in subsection (b) shall be applicable to the term wherever it appears in the code, unless a different definition is specifically made applicable to the part, chapter, or section in which the term appears.
(b)
(1)
"Agriculture" means:
(A)
The land, buildings and machinery used in the commercial production of farm products and nursery stock;
(B)
The activity carried on in connection with the commercial production of farm products and nursery stock;
(C)
Recreational and educational activities on land used for the commercial production of farm products and nursery stock; and.
(D)
Entertainment activities conducted in conjunction with, but secondary to, commercial production of farm products and nursery stock, when such activities occur on land used for the commercial production of farm products and nursery stock.
(2)
As used in this definition of agriculture, the term "farm products" means forage and sod crops; grains and feed crops; dairy and dairy products; poultry and poultry products; livestock, including breeding and grazing; fruits; vegetables; flowers; seeds; grasses; forestry products; fish and other aquatic animals used for food; bees; equine; and all other plants and animals that produce food, feed, fiber or fur.
(3)
As used in this definition of agriculture, the term "nursery stock" means all trees, shrubs, or other plants, or parts of trees, shrubs or other plants, grown or kept for, or capable of, propagation, distribution or sale on a commercial basis.
Amended by 2014 Tenn. Acts, ch. 581,s 2, eff. 3/28/2014.
Acts 2005, ch. 19, § 2.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 1 - DEPARTMENT OF AGRICULTURE (§§ 43-1-101 — 43-1-803) › Part 1 - COMMISSIONER-DUTIES-GENERAL PROVISIONS (§§ 43-1-101 — 43-1-114) › Section 43-1-114 - Definition of livestock - Applicability

(a)
The definition of livestock as set forth in subsection (b) shall be applicable to the term wherever it appears in the code, unless a different definition is specifically made applicable to the part, chapter, or section in which the term appears or unless the context otherwise requires.
(b)
"Livestock" means all equine as well as animals that are being raised primarily for use as food or fiber for human utilization or consumption including, but not limited to, cattle, sheep, swine, goats, and poultry.
Acts 2014, ch. 568, § 2.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 1 - DEPARTMENT OF AGRICULTURE (§§ 43-1-101 — 43-1-803) › Part 5 - TENNESSEE AGRICULTURAL MUSEUM (§§ 43-1-501 — 43-1-503) › Section 43-1-501 - Created - Objects preserved and displayed

There is created and established the Tennessee agricultural museum, to be located in suitable quarters at Brentwood Hall, near Nashville, for the purpose of housing and preserving such early-American agricultural tools, implements, home furnishings, and other contrivances, and also, agricultural literature, as may be donated to the museum.
Acts 1959, ch. 294, § 1; T.C.A., §§ 43-2601, 43-5-101.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 1 - DEPARTMENT OF AGRICULTURE (§§ 43-1-101 — 43-1-803) › Part 5 - TENNESSEE AGRICULTURAL MUSEUM (§§ 43-1-501 — 43-1-503) › Section 43-1-502 - Administration of museum

The museum shall be under the jurisdiction of and administered by the department of agriculture.
Acts 1959, ch. 294, § 2; T.C.A., § 43-2602; Acts 1980, ch. 737, § 4; T.C.A., § 43-5-102.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 1 - DEPARTMENT OF AGRICULTURE (§§ 43-1-101 — 43-1-803) › Part 5 - TENNESSEE AGRICULTURAL MUSEUM (§§ 43-1-501 — 43-1-503) › Section 43-1-503 - Operation of museum - Annual reports

The department of agriculture shall transact all necessary and proper business connected with the operation of the museum, which shall include drafting a report on the number and kind of exhibits donated during the preceding year, maintaining a register of visitors, and preparing a suitable report covering the activities of the board during the preceding year, which shall be submitted to the governor for approval.
Acts 1959, ch. 294, § 3; T.C.A., § 43-2603; Acts 1980, ch. 737, § 5; T.C.A., § 43-5-103.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 1 - DEPARTMENT OF AGRICULTURE (§§ 43-1-101 — 43-1-803) › Part 6 - TENNESSEE AGRICULTURAL HALL OF FAME (§§ 43-1-601 — 43-1-607) › Section 43-1-601 - Creation

There is created and established the Tennessee agricultural hall of fame, to be created, established, and governed as provided by this part.
Acts 1937, ch. 43, § 1.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 1 - DEPARTMENT OF AGRICULTURE (§§ 43-1-101 — 43-1-803) › Part 6 - TENNESSEE AGRICULTURAL HALL OF FAME (§§ 43-1-601 — 43-1-607) › Section 43-1-602 - Board - Members

(a)
The Tennessee agricultural hall of fame is placed under the general supervision of a board consisting of nine (9) members composed of the following:
(1)
Commissioner of agriculture;
(2)
Dean of the college of agricultural sciences and natural resources of the University of Tennessee;
(3)
Dean of the University of Tennessee extension;
(4)
President of the Tennessee Farm Bureau Federation;
(5)
State master of the Grange;
(6)
State supervisor of vocational agriculture; and
(7)
Three (3) members to be appointed by the governor.
(b)
All members shall serve without compensation.
Acts 1937, ch. 43, § 2; 2004, ch. 517, § 4.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 1 - DEPARTMENT OF AGRICULTURE (§§ 43-1-101 — 43-1-803) › Part 6 - TENNESSEE AGRICULTURAL HALL OF FAME (§§ 43-1-601 — 43-1-607) › Section 43-1-603 - Terms of members

The term of office of each appointive member shall be two (2), four (4), and six (6) years, respectively, the tenure of office to be designated by the governor at the time of the original 1937 appointments.
Acts 1937, ch. 43, § 3.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 1 - DEPARTMENT OF AGRICULTURE (§§ 43-1-101 — 43-1-803) › Part 6 - TENNESSEE AGRICULTURAL HALL OF FAME (§§ 43-1-601 — 43-1-607) › Section 43-1-604 - Acceptance, admission and induction to hall of fame - Rules and regulations

(a)
The board is empowered to formulate rules and regulations governing the acceptance and admission of candidates to the Tennessee agricultural hall of fame; provided, that no name shall be accepted until an authentic and written record of the achievements of the person in agricultural activities has been presented to and accepted by a majority vote of the board.
(b)
The board shall promulgate rules and regulations to prescribe procedures to be used for the induction of nominees; provided, that any nominee who is deceased shall be eligible for induction five (5) years from the date of such nominee's death.
Acts 1937, ch. 43, § 4; 1991, ch. 106, § 3.