reglab/statecodes huggingface dataset:
2023 Tennessee Code › Title 13 - PUBLIC PLANNING AND HOUSING (§§ 13-1-101 — 13-30-120) › Chapter 7 - ZONING (§§ 13-7-101 — 13-7-606) › Part 4 - HISTORIC ZONING (§§ 13-7-401 — 13-7-410) › Section 13-7-401 - Purposes

The purpose of this part is to promote the educational, cultural, and economic welfare of the people of the state by enabling municipalities and counties to preserve and protect historic structures, areas and districts which serve as visible reminders of the history and cultural heritage of the state and the United States. Furthermore, it is the purpose of this part to strengthen the economy of the state and of the adopting governmental entities by stabilizing and improving the property values in historic areas, by encouraging rehabilitation and new construction and development that will be harmonious with the historic structures, areas and districts, and by preserving and rehabilitating buildings which are of significance to historic districts.
Acts 1965, ch. 222, §§ 1, 2; T.C.A. (orig. ed.), § 13-416; T.C.A., § 13-716; modified; Acts 1982, ch. 814, § 1.
2023 Tennessee Code › Title 13 - PUBLIC PLANNING AND HOUSING (§§ 13-1-101 — 13-30-120) › Chapter 7 - ZONING (§§ 13-7-101 — 13-7-606) › Part 4 - HISTORIC ZONING (§§ 13-7-401 — 13-7-410) › Section 13-7-402 - Historic zones established

(a)
In order to accomplish the purpose of this part, the legislative body of any county or municipality is empowered to establish special historic districts or zones, and to regulate the construction, repair, alteration, rehabilitation, relocation and demolition of any building or other structure which is located or is proposed to be located within the boundaries of any historic district or zone, in accordance with the conditions and procedures specified in this part.
(b)
A historic district or zone may be superimposed on other districts or zones, including the zoning maps, established by any other zoning ordinance or regulation, whether established before or after the establishment of a historic district or zone.
(c)
The permitted or prohibited property uses, the zoning procedures and other regulations otherwise applicable within a historic district or zone under any other zoning ordinance or regulation shall apply to a historic district or zone, except when in conflict with this part or any ordinance or regulation adopted pursuant to this part, but in the event of such conflict, this part and any ordinance or regulation adopted pursuant to this part shall control.
Acts 1982, ch. 814, § 1; 1987, ch. 361, §§ 3, 4; 2004, ch. 632, § 1.
2023 Tennessee Code › Title 13 - PUBLIC PLANNING AND HOUSING (§§ 13-1-101 — 13-30-120) › Chapter 7 - ZONING (§§ 13-7-101 — 13-7-606) › Part 4 - HISTORIC ZONING (§§ 13-7-401 — 13-7-410) › Section 13-7-404 - "Historic district or zone" defined

Historic districts or zones may be established by a county or municipal legislative body, either as a part of a new zoning ordinance or as an amendment to existing ordinances. For the purpose of this part, "historic district or zone" is defined as a geographically definable area which possesses a significant individual structure or a concentration, linkage or continuity of sites, buildings, structures or objects which are united by past events or aesthetically by plan or physical development, and which meets one (1) or more of the following criteria:
(1)
It is associated with an event which has made a significant contribution to local, state, or national history;
(2)
It includes structures associated with the lives of persons significant in local, state, or national history;
(3)
It contains structures or groups of structures which embody the distinctive characteristics of a type, period, or method of construction, or that represent the work of a master, or that possess high artistic values, or that represent a significant and distinguishable entity whose components may lack individual distinction;
(4)
It has yielded or may be likely to yield archaeological information important in history or prehistory; or
(5)
It is listed in the National Register of Historic Places.
Acts 1982, ch. 814, § 1; 1989, ch. 422, § 1.
2023 Tennessee Code › Title 13 - PUBLIC PLANNING AND HOUSING (§§ 13-1-101 — 13-30-120) › Chapter 7 - ZONING (§§ 13-7-101 — 13-7-606) › Part 4 - HISTORIC ZONING (§§ 13-7-401 — 13-7-410) › Section 13-7-405 - Recommendations concerning creation of historic districts or zones

(a)
The historic zoning commission has the authority to submit recommendations to the county or municipal legislative body regarding the creation of historic districts and zones in accordance with the definition set forth in this part. Prior to establishing a historic district or zone, the county or municipal legislative body shall refer any historic district or zone proposal to the historic zoning commission for its recommendations, and the historic zoning commission shall furnish the legislative body its recommendations on such proposal in writing.
(b)
(1)
The regional historic zoning commission has the authority to submit recommendations to any county or municipal legislative body within the area served by the regional historic zoning commission regarding the creation of historic districts and zones in accordance with the definition set forth in this part. Prior to establishing a historic district or zone, the county or municipal legislative body of the area in which the establishment of the zone or district is being considered shall refer any historic district or zone proposal to the regional historic zoning commission for its recommendations, and the regional historic zoning commission shall furnish the legislative body its recommendations on such proposal in writing. In addition, the recommendation of the regional historic zoning commission shall be referred to the regional planning commission which shall consider the district or zone and refer its recommendation regarding the proposed district or zone to the legislative body in writing.
(2)
This subsection (b) shall not apply in any county having a metropolitan form of government and having a population of not less than four hundred thousand (400,000) nor more than five hundred thousand (500,000), according to the 1980 federal census or any subsequent federal census.
Acts 1982, ch. 814, § 1; 1987, ch. 40, §§ 2, 7.
2023 Tennessee Code › Title 13 - PUBLIC PLANNING AND HOUSING (§§ 13-1-101 — 13-30-120) › Chapter 7 - ZONING (§§ 13-7-101 — 13-7-606) › Part 4 - HISTORIC ZONING (§§ 13-7-401 — 13-7-410) › Section 13-7-406 - Review guidelines - Public hearing - Notice

Prior to the establishment of any historic district or zone, the historic zoning commission or the regional historic zoning commission also shall adopt for each such proposed district or zone a set of review guidelines, which it will apply in ruling upon the granting or denial of a certificate of appropriateness as provided for in this part. Such review guidelines shall be consistent with the purposes of this part and with regulations and standards adopted by the secretary of the interior pursuant to the National Historic Preservation Act of 1966 (
16 U.S.C. § 470
et seq.), applicable to the construction, alteration, rehabilitation, relocation or demolition of any building, structure or other improvement situated within a historic district which has been certified by the secretary of the interior as a registered historic district. Reasonable public notice and opportunity for public comment, by public hearing or otherwise, shall be required before the historic zoning commission or the regional historic zoning commission adopts any such review guidelines.
Acts 1982, ch. 814, § 1; 1987, ch. 40, § 3; 1989, ch. 422, § 2.
2023 Tennessee Code › Title 13 - PUBLIC PLANNING AND HOUSING (§§ 13-1-101 — 13-30-120) › Chapter 7 - ZONING (§§ 13-7-101 — 13-7-606) › Part 4 - HISTORIC ZONING (§§ 13-7-401 — 13-7-410) › Section 13-7-407 - Applications for permits for construction in historic zones - Certificates of appropriateness

(a)
All applications for permits for construction, alteration, repair, rehabilitation, relocation or demolition of any building, structure or other improvement to real estate situated within a historic zone or district shall be referred to the historic zoning commission or the regional historic zoning commission, which shall have broad powers to request detailed construction plans and related data pertinent to thorough review of the proposal. The historic zoning commission or the regional historic zoning commission may also be authorized to review the construction, alteration, rehabilitation, relocation or demolition of any building, structure or other improvement on real property, whether privately or publicly owned, which is situated in a historic district or zone, and for which a permit is not required. No construction, alteration, repair, rehabilitation, relocation or demolition of any building, structure or other improvement to real property situated within a historic district or zone, for which the historic zoning commission or the regional historic zoning commission has been granted the authority to review and to grant or deny a certificate of appropriateness, shall be performed without the issuance of a certificate of appropriateness.
(b)
The governing board of any municipality may enact an ordinance to prevent the demolition by neglect of any designated landmark or any building or structure within an established historic zone or district. Such ordinance shall provide appropriate safeguards to protect property owners from undue economic hardship.
Acts 1982, ch. 814, § 1; 1987, ch. 40, § 4; 1991, ch. 309, § 1.
2023 Tennessee Code › Title 13 - PUBLIC PLANNING AND HOUSING (§§ 13-1-101 — 13-30-120) › Chapter 7 - ZONING (§§ 13-7-101 — 13-7-606) › Part 4 - HISTORIC ZONING (§§ 13-7-401 — 13-7-410) › Section 13-7-408 - Issuance or denial of certificate of appropriateness - Guidelines

The historic zoning commission or the regional historic zoning commission shall, within thirty (30) days following the availability of sufficient data, grant a certificate of appropriateness with or without attached conditions or deny the certificate, and shall state the grounds for denial in writing. In its review of any such work to be undertaken in a historic district or zone, the historic zoning commission or the regional historic zoning commission shall apply the applicable review guidelines and give prime consideration to:
(1)
Historic or architectural value of the present structure;
(2)
The relationship of the exterior architectural features of such structure to the rest of the structures, to the surrounding area, and to the character of the district;
(3)
The general compatibility of exterior design, arrangement, texture, and materials proposed to be used; and
(4)
Any other factor, including aesthetic, which is reasonably related to the purposes of this part.
Acts 1982, ch. 814, § 1; 1987, ch. 40, § 5.
2023 Tennessee Code › Title 13 - PUBLIC PLANNING AND HOUSING (§§ 13-1-101 — 13-30-120) › Chapter 7 - ZONING (§§ 13-7-101 — 13-7-606) › Part 4 - HISTORIC ZONING (§§ 13-7-401 — 13-7-410) › Section 13-7-409 - Appeals

Anyone who may be aggrieved by any final order or judgment of the historic zoning commission or regional historic zoning commission may have such order or judgment reviewed by the courts by the procedure of statutory certiorari, as provided in title 27, chapter 8.
Acts 1982, ch. 814, § 1; 1987, ch. 40, § 6.
2023 Tennessee Code › Title 13 - PUBLIC PLANNING AND HOUSING (§§ 13-1-101 — 13-30-120) › Chapter 7 - ZONING (§§ 13-7-101 — 13-7-606) › Part 4 - HISTORIC ZONING (§§ 13-7-401 — 13-7-410) › Section 13-7-410 - Applicability of part relative to regional historic zoning commissioners

The provisions of this part relative to "regional historic zoning commissioners" shall not apply in any county having a metropolitan form of government and having a population of not less than four hundred thousand (400,000) nor more than five hundred thousand (500,000), according to the 1980 federal census or any subsequent federal census.
Acts 1987, ch. 40, § 7.
2023 Tennessee Code › Title 13 - PUBLIC PLANNING AND HOUSING (§§ 13-1-101 — 13-30-120) › Chapter 7 - ZONING (§§ 13-7-101 — 13-7-606) › Part 5 - TEMPORARY FAMILY HEALTHCARE STRUCTURES (§§ 13-7-501 — 13-7-505) › Section 13-7-501 - Part definitions

For purposes of this part:
(1)
"Caregiver" means an adult who provides care for a mentally or physically impaired person within this state, and who is related by blood, marriage, or adoption to, or shall be the legally appointed guardian of, the mentally or physically impaired person for whom the adult is caring;
(2)
"Mentally or physically impaired person" means a person who is a resident of this state and who requires assistance with two (2) or more activities of daily living, as certified in a writing provided by a physician licensed under title 63, chapter 6 or 9; and
(3)
"Temporary family healthcare structure" means a transportable healthcare environment that is specifically designed with environmental controls, biometric and other remote monitoring technology, sensors, and communication systems to support extended home-based medical care, rehabilitation, and the provision of home- and community-based support and assistance for an older adult or person with a disability on the property where family members or unpaid caregivers who participate in the person's care reside. A temporary family healthcare structure:
(A)
Is primarily assembled at a location other than its site of installation;
(B)
Is limited to one (1) occupant who shall be the older adult or person with a disability who requires extended home-based medical care, rehabilitation, or the provision of home and community-based support and assistance;
(C)
Meets the accessibility guidelines of the federal department of housing and urban development and the Americans with Disabilities Act (
42 U.S.C. § 12131
et seq.);
(D)
Has no more than five hundred gross square feet (500 gross sq. ft.); and
(E)
Complies with applicable provisions of title 68, chapter 120, part 1, and codes adopted by a county pursuant to title 5. Placing the temporary family healthcare structure on a permanent foundation shall not be required or permitted.
Added by 2016 Tenn. Acts, ch. 992,s 1, eff. 7/1/2016.
2023 Tennessee Code › Title 13 - PUBLIC PLANNING AND HOUSING (§§ 13-1-101 — 13-30-120) › Chapter 7 - ZONING (§§ 13-7-101 — 13-7-606) › Part 5 - TEMPORARY FAMILY HEALTHCARE STRUCTURES (§§ 13-7-501 — 13-7-505) › Section 13-7-502 - Temporary family healthcare structure as permitted accessory use - Permit

(a)
(1)
For all purposes under this chapter, zoning ordinances may consider as a permitted accessory use in any single-family residential zoning district on lots zoned for single-family detached dwellings, any temporary family healthcare structures that are:
(A)
For use by a caregiver in providing care for a mentally or physically impaired person; and
(B)
On property owned or occupied by the caregiver as their residence.
(2)
Temporary family healthcare structures shall comply with any local requirements for accessory dwelling structures of this type. Temporary family healthcare structures shall comply with all setback requirements that apply to the primary structure and with any maximum floor area ratio limitations that may apply to the primary structure. Only one (1) temporary family healthcare structure shall be allowed on a lot or parcel of land.
(b)
Any person proposing to install a temporary family healthcare structure shall first obtain a permit from the local governing body, for which the local government may charge a fee of up to one hundred dollars ($100). The local government may not withhold such permit if the applicant provides sufficient proof of compliance with this section. The local government may require that the applicant provide evidence of compliance with this section on an annual basis as long as the temporary family healthcare structure remains on the property. This evidence may involve the inspection by the locality of the temporary family healthcare structure at reasonable times convenient to the caregiver, not limited to any annual compliance confirmation.
Added by 2016 Tenn. Acts, ch. 992,s 1, eff. 7/1/2016.
2023 Tennessee Code › Title 13 - PUBLIC PLANNING AND HOUSING (§§ 13-1-101 — 13-30-120) › Chapter 7 - ZONING (§§ 13-7-101 — 13-7-606) › Part 5 - TEMPORARY FAMILY HEALTHCARE STRUCTURES (§§ 13-7-501 — 13-7-505) › Section 13-7-503 - Compliance with local codes and ordinances and applicable requirements of department of health

Any temporary family healthcare structure installed pursuant to this part shall comply with any local codes and ordinances to connect to any water, sewer, and electric utilities that are serving the primary residence on the property and shall comply with all applicable requirements of the department of health.
Added by 2016 Tenn. Acts, ch. 992,s 1, eff. 7/1/2016.
2023 Tennessee Code › Title 13 - PUBLIC PLANNING AND HOUSING (§§ 13-1-101 — 13-30-120) › Chapter 7 - ZONING (§§ 13-7-101 — 13-7-606) › Part 5 - TEMPORARY FAMILY HEALTHCARE STRUCTURES (§§ 13-7-501 — 13-7-505) › Section 13-7-504 - Signage, advertisement, or other promotion of existence of structure not permitted

No signage advertising or otherwise promoting the existence of the structure shall be permitted either on the exterior of the temporary family healthcare structure or elsewhere on the property.
Added by 2016 Tenn. Acts, ch. 992,s 1, eff. 7/1/2016.
2023 Tennessee Code › Title 13 - PUBLIC PLANNING AND HOUSING (§§ 13-1-101 — 13-30-120) › Chapter 7 - ZONING (§§ 13-7-101 — 13-7-606) › Part 5 - TEMPORARY FAMILY HEALTHCARE STRUCTURES (§§ 13-7-501 — 13-7-505) › Section 13-7-505 - Removal of structure - Revocation of permit

(a)
Any temporary family healthcare structure installed pursuant to this section shall be removed by the property owner within thirty (30) days from which the mentally or physically impaired person is no longer receiving or is no longer in need of the assistance provided for in this section. The local government may fine the property owner up to fifty dollars ($50.00) per day for a violation of this section, with each day constituting a separate offense.
(b)
The local governing body, or planning commission on its behalf, may revoke the permit granted pursuant to §
13-7-502(b)
if the permit holder violates this section. Additionally, the local governing body may seek injunctive relief or other appropriate actions or proceedings in the circuit court of that locality to ensure compliance with this section. The local codes department or building inspector is vested with all necessary authority on behalf of the governing body of the locality to ensure compliance with this section.
Added by 2016 Tenn. Acts, ch. 992,s 1, eff. 7/1/2016.
2023 Tennessee Code › Title 13 - PUBLIC PLANNING AND HOUSING (§§ 13-1-101 — 13-30-120) › Chapter 7 - ZONING (§§ 13-7-101 — 13-7-606) › Part 6 - SHORT-TERM RENTAL UNIT ACT (§§ 13-7-601 — 13-7-606) › Section 13-7-601 - Short title

This part shall be known and may be cited as the "Short-Term Rental Unit Act."
Added by 2018 Tenn. Acts, ch. 972,s 1, eff. 5/17/2018.
2023 Tennessee Code › Title 13 - PUBLIC PLANNING AND HOUSING (§§ 13-1-101 — 13-30-120) › Chapter 7 - ZONING (§§ 13-7-101 — 13-7-606) › Part 6 - SHORT-TERM RENTAL UNIT ACT (§§ 13-7-601 — 13-7-606) › Section 13-7-603 - Effect of ordinance or other requirement that prohibits or regulates use of property as short-term rental unit

(a)
Except as otherwise provided in subsection (b), an ordinance, resolution, regulation, rule, or other requirement of any type that prohibits, effectively prohibits, or otherwise regulates the use of property as a short-term rental unit shall not apply to property if the property was being used as a short-term rental unit by the owner of the property prior to the enactment of the ordinance, resolution, regulation, rule, or other requirement by the local governing body. The ordinance, resolution, regulation, rule, or other requirement in effect at the time the property began being used as a short-term rental unit is the law that governs the use of the property as a short-term rental unit until the property is sold, transferred, ceases being used as a short-term rental unit for a period of thirty (30) continuous months, or has been in violation of a generally applicable local law three (3) or more separate times as provided by §
13-7-604
. For purposes of this subsection (a), an ordinance, resolution, regulation, rule, or other requirement is in effect at the time it is lawfully enacted by the local governing body and not the time in which it is introduced for consideration by the local governing body.
(b)
Notwithstanding subsection (a), an ordinance, resolution, regulation, rule, or other requirement of any type enacted prior to January 1, 2014, that prohibits or effectively prohibits the use of property as a short-term rental unit may apply to any property within a local governing body's jurisdiction, regardless of the property's existing use. However, this subsection (b) applies only to ordinances, resolutions, regulations, rules, or other requirements that expressly limit the period of time a residential dwelling may be rented, and does not apply to ordinances, resolutions, regulations, rules, or other requirements that generally prohibit commercial activity or the renting of residential dwellings to transients.
Added by 2018 Tenn. Acts, ch. 972,s 1, eff. 5/17/2018.
2023 Tennessee Code › Title 13 - PUBLIC PLANNING AND HOUSING (§§ 13-1-101 — 13-30-120) › Chapter 7 - ZONING (§§ 13-7-101 — 13-7-606) › Part 6 - SHORT-TERM RENTAL UNIT ACT (§§ 13-7-601 — 13-7-606) › Section 13-7-604 - Prohibition of continued use of property as short-term rental unit based on violations - Authorization of short-term rental units through permitting or application process

(a)
Section
13-7-603
does not prevent a local governing body from prohibiting the continued use of property as a short-term rental unit if, as a direct result of the operation of the short-term rental unit, the unit has been in violation of a generally applicable local law three (3) or more separate times, and the provider has no appeal rights remaining for any of the three (3) violations. The burden of proof that a violation of a generally applicable local law was a direct result of the operation of the short-term rental unit is on the local governing body.
(b)
(1)
The local governing body may authorize short-term rental units through a permitting or application process.
(2)
Notwithstanding this part to the contrary, a local governing body that authorizes short-term rental units through a permitting or application process pursuant to subdivision (b)(1) may suspend the continued use of property as provided in §
13-7-603(a)
during the time that the unit does not maintain a permit or approved application if the permitting or application requirements are reasonable.
(3)
Nothing in this subsection (b) extinguishes a provider's right to continued use of property as a short-term rental unit set out in §
13-7-603(a)
unless the property is sold, transferred, ceases being used as a short-term rental unit for a period of thirty (30) continuous months, or has been in violation of a generally applicable local law three (3) or more separate times as provided by subsection (a).
(c)
A local governing body that accepts public complaints regarding the operation of short-term rental units in its jurisdiction pursuant to a permitting or application process shall assure that all complainants are notified that any false complaint made against a short-term rental unit provider are punishable as perjury under §
39-16-702
.
(d)
If a local governing body prohibits, effectively prohibits, suspends, or otherwise regulates property used as a short-term rental unit that is also subject to §
13-7-603(a)
, the provider may challenge the prohibition, regulation, suspension, or regulation as in conflict with this part through a civil action or appeal. The circuit or chancery court has jurisdiction of any appeal instituted by a provider pursuant to this subsection (d) and review is de novo.
Added by 2018 Tenn. Acts, ch. 972,s 1, eff. 5/17/2018.
2023 Tennessee Code › Title 13 - PUBLIC PLANNING AND HOUSING (§§ 13-1-101 — 13-30-120) › Chapter 7 - ZONING (§§ 13-7-101 — 13-7-606) › Part 6 - SHORT-TERM RENTAL UNIT ACT (§§ 13-7-601 — 13-7-606) › Section 13-7-605 - Effect of part on condominiums, co-ops, homeowners associations, or other similar entities, lessors, and property owners

Nothing in this part prohibits:
(1)
A condominium, co-op, homeowners association, or other similar entity from prohibiting or otherwise restricting an owner of property within the jurisdiction of the condominium, co-op, association, or other similar entity from using the owner's property as a short-term rental unit as provided for in the entity's governing documents;
(2)
A lessor, through the terms of a lease agreement, from restricting the use of the leased property as a short-term rental unit; or
(3)
A property owner from placing a restrictive covenant or easement on the property that restricts the future use of the property as a short-term rental unit as authorized under existing law.
Added by 2018 Tenn. Acts, ch. 972,s 1, eff. 5/17/2018.
2023 Tennessee Code › Title 13 - PUBLIC PLANNING AND HOUSING (§§ 13-1-101 — 13-30-120) › Chapter 7 - ZONING (§§ 13-7-101 — 13-7-606) › Part 6 - SHORT-TERM RENTAL UNIT ACT (§§ 13-7-601 — 13-7-606) › Section 13-7-606 - Supersession of conflicting requirements

This part supersedes any ordinance, resolution, regulation, rule, or other requirement of any type enacted, maintained, or enforced by a local governing body that is in conflict with this part.
Added by 2018 Tenn. Acts, ch. 972,s 1, eff. 5/17/2018.
2023 Tennessee Code › Title 13 - PUBLIC PLANNING AND HOUSING (§§ 13-1-101 — 13-30-120) › Chapter 8 - SECURITY GATES AND BARRIERS (§§ 13-8-101 — 13-8-107) › Section 13-8-101 - Applicability of chapter

This chapter shall apply to any gated facility or community, whether residential, commercial or industrial, approved for or constructed after May 22, 2008, and the installation of any new or replacement security gate or barrier at any existing gated facility or community after May 22, 2008.
Acts 2008, ch. 1008, § 2.
2023 Tennessee Code › Title 13 - PUBLIC PLANNING AND HOUSING (§§ 13-1-101 — 13-30-120) › Chapter 8 - SECURITY GATES AND BARRIERS (§§ 13-8-101 — 13-8-107) › Section 13-8-102 - Chapter definitions

As used in this chapter, unless the context otherwise requires:
(1)
"Access road" means a vehicular access roadway greater than or equal to twenty-four feet (24') in width;
(2)
"Authority" means a governing body identified in §
13-8-103
;
(3)
"Driveway" means a vehicular access roadway less than twenty-four feet (24') in width and serving no more than two (2) single-family dwellings;
(4)
"Gated facility or community" means a multifamily residential property or commercial or industrial development or compound that has a security gate or barrier to block the entrance to the facility or community from a public street to a private street, parking lot or driveway of the facility or community;
(5)
"Radio operated controller" means a device used to operate a security gate or barrier that is equipped with a radio receiver capable of receiving signals from a police department, sheriff's department, if the gated facility or community is in the county, fire department, utility and emergency medical services' radio transceivers that allow emergency responders and other necessary on-duty employees to open the security gate or barrier or blocking device by use of the equipment; and
(6)
"Security gate or barrier" means a gate or barrier, electrically operated, that controls the passage of authorized vehicles and persons from a public street to access roads, driveways or parking lots of the gated facility or community.
Acts 2008 , ch. 1008, § 3.
2023 Tennessee Code › Title 13 - PUBLIC PLANNING AND HOUSING (§§ 13-1-101 — 13-30-120) › Chapter 8 - SECURITY GATES AND BARRIERS (§§ 13-8-101 — 13-8-107) › Section 13-8-103 - Review of plans for installation or replacement of security gates or barriers

The following authorities, as applicable, shall be responsible for reviewing all plans for the installation or replacement of security gates or barriers at gated facilities or communities to ensure that each gated facility or community complies with this chapter:
(1)
The regional planning commission, created pursuant to chapter 3 of this title;
(2)
The municipal planning commission designated as a regional planning commission, created pursuant to chapter 3 of this title;
(3)
A community planning commission, created pursuant to chapter 3 of this title;
(4)
The municipal planning commission, created pursuant to chapter 4 of this title;
(5)
County or municipal zoning boards, created pursuant to chapter 7 of this title; and
(6)
The county or municipal legislative body if none of the agencies identified in subdivisions (1)-(5) has been created within the county or municipality, as applicable; provided, that the legislative bodies shall identify an official to review all plans for the installation or replacement of security gates or barriers at gated facilities or communities within their jurisdictions for compliance with this chapter and report the findings of the official to the legislative body for its action.
Acts 2008, ch. 1008, § 4.
2023 Tennessee Code › Title 13 - PUBLIC PLANNING AND HOUSING (§§ 13-1-101 — 13-30-120) › Chapter 8 - SECURITY GATES AND BARRIERS (§§ 13-8-101 — 13-8-107) › Section 13-8-104 - Issuance of permit - Inspections

After May 22, 2008, prior to the installation or replacement of a security gate or barrier at a gated facility or community, the developer or owner shall obtain a security gate or barrier permit from the authority having jurisdiction in the area where the security gate or barrier is to be replaced or installed. A permit shall only be issued for a security gate or barrier meeting the requirements of this chapter. Prior to any changes, alterations or blocking of private streets, plans detailing the change accompanied by drawings, shall be submitted to the authority having jurisdiction over the gated facility or community for approval. A county or municipal building or codes inspector shall inspect all such installations. The inspections of security gates or barriers shall be conducted at the same time as other inspections of the gated facility or community are performed by a county or municipal building or codes inspector.
Acts 2008, ch. 1008, § 5.
2023 Tennessee Code › Title 13 - PUBLIC PLANNING AND HOUSING (§§ 13-1-101 — 13-30-120) › Chapter 8 - SECURITY GATES AND BARRIERS (§§ 13-8-101 — 13-8-107) › Section 13-8-105 - Equipment required at security gates or barriers - Policies

(a)
All security gates or barriers shall be equipped with a radio operated receiver/controller capable of receiving signals from a police department, sheriff's department, if the gated facility or community is in the county, fire department, utility and emergency medical services' radio transceivers serving the gated facility or community that allow emergency responders and other necessary on-duty employees to open the security gate or barrier by use of the equipment.
(b)
All security gates or barriers must meet policies deemed necessary by the authority having jurisdiction over the gated facility or community for rapid, reliable, and mutual aid access.
(c)
The equipment shall be furnished, installed and maintained by the gated facility or community that is served by the equipment.
Acts 2008, ch. 1008, § 6.
2023 Tennessee Code › Title 13 - PUBLIC PLANNING AND HOUSING (§§ 13-1-101 — 13-30-120) › Chapter 8 - SECURITY GATES AND BARRIERS (§§ 13-8-101 — 13-8-107) › Section 13-8-106 - Maintenance and upkeep of security gate or barrier

(a)
The maintenance and upkeep of any security gate or barrier shall be the sole responsibility of the developer, owner or any duly incorporated and active association having jurisdiction of the gated facility or community.
(b)
Inoperative security gates or barriers shall be repaired immediately. Inoperative gates shall be locked in the open position until repairs are made. Abandoned gates shall be permanently locked in the open position.
Acts 2008, ch. 1008, § 7.
2023 Tennessee Code › Title 13 - PUBLIC PLANNING AND HOUSING (§§ 13-1-101 — 13-30-120) › Chapter 8 - SECURITY GATES AND BARRIERS (§§ 13-8-101 — 13-8-107) › Section 13-8-107 - Liability

The party or parties controlling the operation and maintenance of the security gate or barrier shall be liable for any damages caused by the improper operation of the security gate or barrier.
Acts 2008, ch. 1008, § 8.
2023 Tennessee Code › Title 13 - PUBLIC PLANNING AND HOUSING (§§ 13-1-101 — 13-30-120) › Chapter 10 - MASS TRANSIT (§§ 13-10-101 — 13-10-206) › Part 1 - CHAPTER DEFINITIONS (§§ 13-10-101 — 13-10-109) › Section 13-10-101 - Chapter definitions

As used in this chapter, unless the context otherwise requires:
(1)
"Commissioner" means the commissioner of transportation;
(2)
"Department" means the department of transportation;
(3)
"Local government" means an incorporated municipality, county, agency or instrumentality of an incorporated municipality or county, two (2) or more of the foregoing acting jointly, or an authority established by law to provide mass transportation services, or a nonprofit corporation authorized to provide mass transportation services;
(4)
"Mass transportation project" means the planning, acquisition, construction, reconstruction, improvement, maintenance or operation of any mass transportation system or capital equipment used in connection therewith;
(5)
"Project cost" means actual or estimated cost of a mass transportation project, including relocation assistance payments, or the estimated reasonable cost thereof as approved by the commissioner, whichever is lower, less any federal assistance received or to be received for the project; and
(6)
"Rail fixed guideway public transportation system" has the same meaning as provided in 49 CFR Part 674.
Amended by 2018 Tenn. Acts, ch. 743, s 1, eff. 4/18/2018.
Acts 1972, ch. 829, § 2; 1973, ch. 140, § 4; 1977, ch. 276, §§ 2-5; T.C.A., § 13-1701; Acts 1981, ch. 264, § 22; 2000, ch. 750, § 1.
2023 Tennessee Code › Title 13 - PUBLIC PLANNING AND HOUSING (§§ 13-1-101 — 13-30-120) › Chapter 10 - MASS TRANSIT (§§ 13-10-101 — 13-10-206) › Part 1 - CHAPTER DEFINITIONS (§§ 13-10-101 — 13-10-109) › Section 13-10-102 - Functions of commissioner

The commissioner is authorized to:
(1)
Study mass transportation problems and provide technical assistance to local governments and operators of mass transportation;
(2)
Undertake projects to develop or demonstrate improvement in mass transportation facilities, equipment, services and management techniques; acquire and operate or contract for the operation of vehicles and other equipment necessary for such projects;
(3)
Render financial assistance to local governments for mass transportation projects out of appropriations made available by the general assembly for such purpose; and
(4)
Act as agent for any local government which so requests in applying for, accepting, receiving, receipting for, and disbursing federal moneys for mass transportation projects.
Acts 1972, ch. 829, § 8; 1977, ch. 276, §§ 6-13; T.C.A., § 13-1702; Acts 1981, ch. 264, §§ 19, 20.
2023 Tennessee Code › Title 13 - PUBLIC PLANNING AND HOUSING (§§ 13-1-101 — 13-30-120) › Chapter 10 - MASS TRANSIT (§§ 13-10-101 — 13-10-206) › Part 1 - CHAPTER DEFINITIONS (§§ 13-10-101 — 13-10-109) › Section 13-10-104 - Authority of commissioner to inspect property and records and conduct investigations and hearings

The commissioner, at reasonable times, may inspect the property and examine the books and papers dealing with the type and adequacy of services of any person engaged in operating a public mass transportation facility or system in whole or in part within the state. The commissioner may hold investigations or hearings within or without the state. This section shall not affect the regulatory powers of the state with respect to transportation rates and services.
Acts 1972, ch. 829, § 10; 1977, ch. 276, § 15; T.C.A., § 13-1704; Acts 1981, ch. 264, § 22.
2023 Tennessee Code › Title 13 - PUBLIC PLANNING AND HOUSING (§§ 13-1-101 — 13-30-120) › Chapter 10 - MASS TRANSIT (§§ 13-10-101 — 13-10-206) › Part 1 - CHAPTER DEFINITIONS (§§ 13-10-101 — 13-10-109) › Section 13-10-108 - Purposes for which any local government may adopt local ordinances delineated

(a)
Any local government may adopt local ordinances to authorize:
(1)
The acquisition, construction, reconstruction, improvement, maintenance or operation of one (1) or more mass transportation projects, and the use of streets, roads, highways, avenues, parks, or public places for these purposes;
(2)
The making of a contract or contracts for the acquisition by purchase of all or any part of the property, plant, and equipment of an existing mass transportation facility actually used and useful for the convenience of the public;
(3)
The making of a contract or contracts with any person, firm or corporation, including a public authority, for the equipment, maintenance or operation of a mass transportation facility owned, acquired, constructed, reconstructed or improved by the local government; and
(4)
The making of a contract or contracts for a fair and reasonable consideration for mass transportation services to be rendered to the public by a privately-owned or operated mass transportation facility. Such power shall include, but not be limited to, the power to appropriate funds for payment of such consideration, and to provide that all or part of such consideration shall be in the form of capital equipment to be furnished to and used and maintained by such privately-owned or operated mass transportation facility.
(b)
The powers granted by this section shall be in addition to, and not in substitution for, any other power to acquire, construct, reconstruct, improve, equip, maintain or operate any mass transportation capital project.
Acts 1972, ch. 829, § 14; 1977, ch. 276, § 25; T.C.A., § 13-1708.
2023 Tennessee Code › Title 13 - PUBLIC PLANNING AND HOUSING (§§ 13-1-101 — 13-30-120) › Chapter 10 - MASS TRANSIT (§§ 13-10-101 — 13-10-206) › Part 1 - CHAPTER DEFINITIONS (§§ 13-10-101 — 13-10-109) › Section 13-10-109 - Financial assistance - Approved sources

Any local government may apply for, accept, and expend financial assistance from:
(1)
The state, for one (1) or more mass transportation projects provided pursuant to this title, whether by way of direct financial assistance or by way of prefinancing of any financial assistance from the federal government; and
(2)
The federal government, or any agency or instrumentality thereof, for the construction, operation or maintenance of one (1) or more mass transportation projects provided pursuant to any act of the congress of the United States or any rule, regulation or order promulgated pursuant thereto.
Acts 1972, ch. 829, § 15; 1977, ch. 276, §§ 26-28; T.C.A., § 13-1709.
2023 Tennessee Code › Title 13 - PUBLIC PLANNING AND HOUSING (§§ 13-1-101 — 13-30-120) › Chapter 10 - MASS TRANSIT (§§ 13-10-101 — 13-10-206) › Part 2 - STATE SAFETY OVERSIGHT PROGRAM (§§ 13-10-201 — 13-10-206) › Section 13-10-201 - Responsibility for implementation

(a)
The department is designated as the agency responsible for implementing a state safety oversight program that satisfies the requirements of
49 U.S.C. § 5329(e)
and shall have the authority to implement all requirements necessary to comply with
49 U.S.C. § 5329(e)
and the implementing federal regulations.
(b)
The department may enter into an agreement with one (1) or more contractors to act on behalf of the department in carrying out the duties of the department under this part. However, any such contractor may not provide services to both the department and a rail fixed guideway public transportation system under the oversight of the department, unless authorized by a waiver issued by the federal transit administrator or the administrator's designee.
Added by 2018 Tenn. Acts, ch. 743,s 2, eff. 4/18/2018.
2023 Tennessee Code › Title 13 - PUBLIC PLANNING AND HOUSING (§§ 13-1-101 — 13-30-120) › Chapter 10 - MASS TRANSIT (§§ 13-10-101 — 13-10-206) › Part 2 - STATE SAFETY OVERSIGHT PROGRAM (§§ 13-10-201 — 13-10-206) › Section 13-10-202 - Financial and legal independence

(a)
Unless waived under
49 U.S.C. § 5329(e)
, the department:
(1)
Shall be financially and legally independent from any rail fixed guideway public transportation system under the oversight of the department;
(2)
May not employ an individual who is also employed by a rail fixed guideway public transportation system under the oversight of the department; and
(3)
May not directly provide public transportation services in an area with a rail fixed guideway public transportation system under the oversight of the department.
(b)
A rail fixed guideway public transportation system under the oversight of the department may not provide funding to the department in a manner prohibited by the federal transit administration.
Added by 2018 Tenn. Acts, ch. 743,s 2, eff. 4/18/2018.
2023 Tennessee Code › Title 13 - PUBLIC PLANNING AND HOUSING (§§ 13-1-101 — 13-30-120) › Chapter 10 - MASS TRANSIT (§§ 13-10-101 — 13-10-206) › Part 2 - STATE SAFETY OVERSIGHT PROGRAM (§§ 13-10-201 — 13-10-206) › Section 13-10-203 - Enforcement authority

(a)
The department shall oversee and have the authority to implement all safety aspects of rail fixed guideway public transportation systems in accordance with
49 U.S.C. § 5329(e)
, including:
(1)
Investigation and enforcement of federal and state laws regarding rail fixed guideway public transportation safety;
(2)
Establishment of minimum safety standards for the rail fixed guideway public transportation systems in the state;
(3)
Review, approval, oversight, and enforcement of the public transportation agency safety plan required under
49 U.S.C. § 5329(d)
, including implementation by a rail fixed guideway public transportation system of the system's plan; and
(4)
Oversight and enforcement of corrective action by rail fixed guideway public transportation systems in a manner directed by the commissioner or commissioner's designee as needed, including compelling the removal of a specific hazard, immediately suspending or prohibiting rail service as appropriate, or taking other action consistent with this purpose.
(b)
The department shall have the right to access the property, vehicles, accident scenes, and records of each rail fixed guideway public transportation system under the oversight of the department for the purpose of fulfilling its duties under this part.
Added by 2018 Tenn. Acts, ch. 743,s 2, eff. 4/18/2018.
2023 Tennessee Code › Title 13 - PUBLIC PLANNING AND HOUSING (§§ 13-1-101 — 13-30-120) › Chapter 10 - MASS TRANSIT (§§ 13-10-101 — 13-10-206) › Part 2 - STATE SAFETY OVERSIGHT PROGRAM (§§ 13-10-201 — 13-10-206) › Section 13-10-204 - Confidentiality of information

(a)
The data collected for and reports concerning investigations conducted under this part by the department, or a contractor acting on behalf of the department, shall be confidential and not open for inspection by members of the public pursuant to the open records law, compiled in title 10, chapter 7, and may not be admitted into evidence or used in a civil action for damages resulting from a matter mentioned in such a report.
(b)
Any portion of a rail fixed guideway public transportation system safety plan that concerns security for the system shall be confidential and not open for inspection by members of the public pursuant to the open records law.
Added by 2018 Tenn. Acts, ch. 743,s 2, eff. 4/18/2018.
2023 Tennessee Code › Title 13 - PUBLIC PLANNING AND HOUSING (§§ 13-1-101 — 13-30-120) › Chapter 10 - MASS TRANSIT (§§ 13-10-101 — 13-10-206) › Part 2 - STATE SAFETY OVERSIGHT PROGRAM (§§ 13-10-201 — 13-10-206) › Section 13-10-205 - Audits and reporting

(a)
At least once every three (3) years, the department shall audit each rail fixed guideway public transportation system's compliance with the public transportation agency safety plan as required by
49 U.S.C. § 5329(e)
.
(b)
At least once per year, the department shall report the status of the safety of each rail fixed guideway public transportation system to the governor, the federal transit administration, and the board of directors, or equivalent, of the rail fixed guideway public transportation system.
Added by 2018 Tenn. Acts, ch. 743,s 2, eff. 4/18/2018.
2023 Tennessee Code › Title 13 - PUBLIC PLANNING AND HOUSING (§§ 13-1-101 — 13-30-120) › Chapter 10 - MASS TRANSIT (§§ 13-10-101 — 13-10-206) › Part 2 - STATE SAFETY OVERSIGHT PROGRAM (§§ 13-10-201 — 13-10-206) › Section 13-10-206 - Authority to adopt policies and regulations

The department is authorized to establish policies and promulgate rules and regulations in furtherance of this part. All rules shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
Added by 2018 Tenn. Acts, ch. 743,s 2, eff. 4/18/2018.
2023 Tennessee Code › Title 13 - PUBLIC PLANNING AND HOUSING (§§ 13-1-101 — 13-30-120) › Chapter 11 - UNIFORM RELOCATION ASSISTANCE ACT OF 1972 (§§ 13-11-101 — 13-11-119) › Section 13-11-101 - Short title

This chapter may be cited as the "Uniform Relocation Assistance Act of 1972."
Acts 1972, ch. 608, § 1; T.C.A., § 13-1901.
2023 Tennessee Code › Title 13 - PUBLIC PLANNING AND HOUSING (§§ 13-1-101 — 13-30-120) › Chapter 11 - UNIFORM RELOCATION ASSISTANCE ACT OF 1972 (§§ 13-11-101 — 13-11-119) › Section 13-11-102 - Purpose

The purpose of this chapter is to establish a uniform policy for the fair and equitable treatment of persons displaced as a direct result of programs or projects undertaken by state agencies with or without federal financial assistance, programs or projects undertaken by local agencies with federal or state financial assistance and programs or projects undertaken by persons with federal financial assistance, in order that such displaced persons shall not suffer disproportionate injuries as a result of federal or state programs or projects designed for the benefit of the public as a whole, and to minimize the hardship of displacement on such persons.
Acts 1972, ch. 608, § 2; T.C.A., § 13-1902; Acts 1988, ch. 627, § 1.
2023 Tennessee Code › Title 13 - PUBLIC PLANNING AND HOUSING (§§ 13-1-101 — 13-30-120) › Chapter 11 - UNIFORM RELOCATION ASSISTANCE ACT OF 1972 (§§ 13-11-101 — 13-11-119) › Section 13-11-104 - Effect upon property acquisition

Nothing in this chapter shall be construed as creating in any condemnation proceedings brought under the power of eminent domain, any element of value or of damage not in existence immediately prior to March 30, 1972.
Acts 1972, ch. 608, § 4; T.C.A., § 13-1904.