Tennessee Code Annotated
Tenn. Code Ann. § 13-3-401 (2026)
Chapter definitions
✓ current as of May 2026
As used in this chapter, unless the context otherwise requires:
- (1) "Plat" includes plat, plan, plot or replot;
- (2) "Regional planning commission" means any regional planning commission established by the department of economic and community development as provided by law, and includes any municipal planning commission designated by the department as the regional planning commission of a planning region composed of the territory of a single municipality, together with the territory adjoining but outside of such municipality, no part of which is outside the municipality's urban growth boundary or, if no such boundary exists, more than five (5) miles beyond the limits of such municipality;
- (3) "Road" or "roads" means, relates to and includes roads, streets, highways, avenues, boulevards, parkways, lanes or other ways or any part thereof;
- (4)
- (A) "Subdivision" means, in any county having a population of not less than thirty-two thousand seven hundred (32,700) nor more than thirty-two thousand seven hundred sixty (32,760), according to the 1980 federal census or any subsequent federal census, the division of a tract or parcel of land into two (2) or more lots, sites or other divisions for the purpose, whether immediate or future, of sale or building development, and includes resubdivision and, when appropriate to the context, relates to the process of subdividing or to the land or area subdivided; provided, that "subdivision" does not include a division of any tract or parcel of land into two (2) or more tracts or parcels when such parts or parcels are five (5) acres or larger in size; and
- (B)
- (i) "Subdivision" means, in all counties except those in subdivision (4)(A), the division of a tract or parcel of land into two (2) or more lots, sites, or other divisions requiring new street or utility construction, or any division of less than five (5) acres for the purpose, whether immediate or future, of sale or building development, and includes resubdivision and, when appropriate to the context, relates to the process of resubdividing or to the land or area subdivided;
- (ii) As used in subdivision (4)(B)(i), "utility construction" does not include the mere extension of individual service pipes or lines for the purpose of directly connecting a single lot, site or other division to existing utility mains.
Acts 1935, ch. 35, § 6, C. Supp. 1950, § 3493.9 (Williams, § 3493.15); impl. am. Acts 1972, ch. 542, § 15; Acts 1976, ch. 692, § 1; T.C.A. (orig. ed.), § 13-301; Acts 1984, ch. 961, §§ 1, 3; 1985, ch. 149, § 1; 1988, ch. 597, § 1; 1998, ch. 1101, § 26; 2008, ch. 746, § 1.
Notes of Decisions
Cited in 11
cases, 1991–2017 · leading case: Loftin v. Langsdon, 813 S.W.2d 475 (Tenn. Ct. App. 1991).
Loftin v. Langsdon, 813 S.W.2d 475 (Tenn. Ct. App. 1991). “Freeland Loftin, that Loftin’s proposed division of property for sale at an auction was not a subdivision within the meaning of the term subdivision as set forth in Tenn.Code Ann. § 13-3-401(4)(B). The trial court also issued a restraining order against defendants-appellants…”
William H. Thompson, Jr. v. Dep't of Codes Admin., Metro. Gov't of Nashville & Davidson Cnty., 20 S.W.3d 654 (Tenn. Ct. App. 1999). “In pertinent part, the informal opinion concluded that the division of land into lots, regardless of size, does constitute a subdivision pursuant to Tennessee Code Annotated sections 13-3-401(4)(B) and 13-4-301(4)(B) if any new utility extensions (e.”
METROP. GOV. NASH., DAVIDSON CTY v. Barry Constr. Co., Inc., 240 S.W.3d 840 (Tenn. Ct. App. 2007). “However, in a subsection titled "Status of Earlier Planned Unit Developments (PUDs)," the new zoning code expressly stated that PUDs approved under the repealed comprehensive zoning ordinance "shall be recognized .”
Metro. Gov't of Nashville & Davidson Cnty. v. Barry Constr. Co., 240 S.W.3d 840 (Tenn. Ct. App. 2007). “However, in a subsection titled "Status of Earlier Planned Unit Developments (PUDs),” the new zoning code expressly stated that PUDs approved under the repealed comprehensive zoning ordinance "shall be recognized .”
Roane Cnty. v. Weston Tucker (Tenn. Ct. App. 2004). “Roane County argues that the subject land meets the definition of a subdivision under Tenn. Code Ann. § 13-3-401 (4)(B) because “the development consisted of some divisions of property less than five acres and the development required both new street and utility construction.”
State EX REL. Appaloosa Bay, LLC v. Johnson Cnty., Tennessee (Tenn. Ct. App. 2017). “The Johnson County Regional Planning Commission adopted subdivision regulations under the authority of Tenn. Code Ann. § 13-3-401 et seq. (2011).”
Earl M. Shahan v. Franklin Cnty. (Tenn. Ct. App. 2003). “-6- However, the doctrine of implied dedication should not, as a general matter, apply to roads that are part of a subdivision as defined in Tenn. Code Ann. § 13-3-401 (4) (1999). The regional planning statutes, like their municipal counterparts,4 exist to promote the health,…”
Glenn Davis v. Charles Bowers (Tenn. Ct. App. 2012). “Although the Greene County Regional Planning Commission then was empowered pursuant to T.C.A. 13-3-401, et seq., to adopt regulations governing subdivision of property and public roads, any disregard for subdivision regulations and road requirements did not entitle one to claim…”
Moore, et. ux. v. Phillips, Sr. (Tenn. Ct. App. 1998). “The restrictions in the deeds to each of the seven parcels are as follows: 1 Subdivision means any division of land into parcels of less than five (5) acres for the purpose, whether immediate or future, of sale or building development, and includes resubdivision and, when…”
Donnie Vaught v. Alan Jakes, Sr. & wife Deborah Jakes (Tenn. Ct. App. 2009). “continued) (b) The planning commission or other department, division or agency of a county as approved by the planning commission may recommend to the county legislative body regulations to govern a proposed permanent easement in a proposed subdivision, as defined in § 13-3-401.…”
Donnie Vaught v. Alan Jakes, Sr. & wife Deborah Jakes (Tenn. Ct. App. 2009). “(b) The planning commission or other department, division or agency of a county as approved by the planning commission may recommend to the county legislative body regulations to govern a proposed permanent easement in a proposed subdivision, as defined in § 13-3-401. The…”
— Tenn. Code Ann. § 13-3-401(1) — 2 cases
METROP. GOV. NASH., DAVIDSON CTY v. Barry Constr. Co., Inc., 240 S.W.3d 840 (Tenn. Ct. App. 2007). “However, in a subsection titled "Status of Earlier Planned Unit Developments (PUDs)," the new zoning code expressly stated that PUDs approved under the repealed comprehensive zoning ordinance "shall be recognized .”
Metro. Gov't of Nashville & Davidson Cnty. v. Barry Constr. Co., 240 S.W.3d 840 (Tenn. Ct. App. 2007). “However, in a subsection titled "Status of Earlier Planned Unit Developments (PUDs),” the new zoning code expressly stated that PUDs approved under the repealed comprehensive zoning ordinance "shall be recognized .”
— Tenn. Code Ann. § 13-3-401(4)(B) — 3 cases
Loftin v. Langsdon, 813 S.W.2d 475 (Tenn. Ct. App. 1991). “Freeland Loftin, that Loftin’s proposed division of property for sale at an auction was not a subdivision within the meaning of the term subdivision as set forth in Tenn.Code Ann. § 13-3-401(4)(B). The trial court also issued a restraining order against defendants-appellants…”
William H. Thompson, Jr. v. Dep't of Codes Admin., Metro. Gov't of Nashville & Davidson Cnty., 20 S.W.3d 654 (Tenn. Ct. App. 1999). “In pertinent part, the informal opinion concluded that the division of land into lots, regardless of size, does constitute a subdivision pursuant to Tennessee Code Annotated sections 13-3-401(4)(B) and 13-4-301(4)(B) if any new utility extensions (e.”
Roane Cnty. v. Weston Tucker (Tenn. Ct. App. 2004). “Roane County argues that the subject land meets the definition of a subdivision under Tenn. Code Ann. § 13-3-401 (4)(B) because “the development consisted of some divisions of property less than five acres and the development required both new street and utility construction.”
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