Tennessee Code Annotated
Tenn. Code Ann. § 13-3-402 (2026)
Regional planning commission platting authority - Recording plat by county register - Variances
✓ current as of May 2026
- (a)
- (1) From and after the time when the regional planning commission of any region, as defined and created by the department of economic and community development, has adopted a regional plan which includes at least a major road plan or has progressed in its planning to the state of the making and adoption of a major road plan, and has filed a certified copy of such major road plan in the office or offices of the county register or registers of the county or counties lying in whole or in part in such region, then no plat of a subdivision of land within such region, other than land located within the boundaries of any municipal corporation, shall be filed for record or recorded until it has been approved by such regional planning commission or the staff of the regional planning commission if this responsibility has been delegated to the staff by the regional planning commission as provided in subsection (c), and such approval endorsed in writing on the plat by the secretary of the commission or by another designee of the regional planning commission; provided, that if the plat of subdivision divides the tract into no more than twenty-five (25) lots if the development received preliminary plan approval through the regional planning commission, or five (5) lots if the development did not require preliminary plan approval through the regional planning commission, the approval may be endorsed in writing on the plat by the secretary of the commission or by another designee of the regional planning commission without the approval of the regional planning commission, and upon certification by the regional planning commission, or by the planning staff of the regional planning commission if the commission has delegated this responsibility to its planning staff pursuant to subsection (c), that the subdivision complies with such regulations governing a subdivision of land as have been adopted by the regional planning commission pursuant to § 13-3-403; provided further, that no request for variance from such regulations has been requested.
- (2) No plat shall be submitted to or approved by the regional planning commission or the staff of the regional planning commission if this responsibility has been delegated to the staff by the regional planning commission as provided in subsection (c) unless it is submitted by the owner of the property to be subdivided by the plat, or a governmental entity. "Owner," for purposes of this section, means the legal or beneficial owner or owners of all the land proposed to be included in the proposed subdivision, or the holder of a written option or contract to purchase the land, or the attorney or authorized representative of any of the aforementioned.
- (b) A county register shall not receive, file, or record a plat of a subdivision, or an amendment, modification, or correction to a recorded plat of a subdivision, without the approval of the regional planning commission, or the planning staff of the regional planning commission if this responsibility has been delegated to the planning staff pursuant to subsection (c), when and as required by this part. Each such plat so filed shall include the most recent recorded deed book number and page number for each deed constituting part of the property being platted. Notwithstanding this subsection (b), an easement or survey attached to an easement granted to the state, a county, municipality, metropolitan government, or entity of the state, county, municipality or metropolitan government, shall not constitute an amendment, modification, or correction of a recorded plat of a subdivision.
- (c)
- (1) A regional planning commission may delegate the responsibility for approval of a subdivision plat to the staff of the regional planning commission by a majority vote of the regional planning commission that is taken in a public meeting after being placed on the regional planning commission's meeting agenda and notice being provided as required for other matters before the regional planning commission.
- (2) A regional planning commission may only delegate the responsibility for approval of a subdivision plat that includes:
- (A) No more than twenty-five (25) lots and only if the development received preliminary plan approval through the regional planning commission; or
- (B) No more than five (5) lots if the development did not require preliminary plan approval through the regional planning commission; provided, that:
- (i) The subdivision complies with such regulations governing a subdivision of land as adopted by the regional planning commission pursuant to § 13-3-403;
- (ii) No request for a variance from such regulations has been requested; and
- (iii) A division of land requiring new road or utility construction is not approved by the planning staff under this subsection (c) unless the plan received preliminary approval by the regional planning commission.
- (3) A regional planning commission shall not delegate to its planning staff the authority to preliminarily approve, finalize approval of, or certify a subdivision plat, regardless of the number of lots proposed for the subdivision plan, consistent with the parameters of this section, unless each county and municipal legislative body, lying in whole or in part within, and subject to, the jurisdiction of the regional planning commission, approves such delegation by a majority vote of their respective legislative bodies.
- (d) A regional planning commission may grant variances to subdivision regulations, if such variances are adopted at a public meeting of the commission.
Amended by 2022 Tenn. Acts, ch. 994, Secs.s1, s2, s3 eff. 5/4/2022.
Amended by 2018 Tenn. Acts, ch. 1000, Secs.s 2, s 3, s 4 eff. 5/21/2018.
Acts 1935, ch. 35, § 1; C. Supp. 1950, § 3493.10; impl. am. Acts 1972, ch. 542, § 15; Acts 1976, ch. 803, § 1; 1977, ch. 267, § 1; T.C.A. (orig. ed.), § 13-302; Acts 1981, ch. 73, § 1; 1988, ch. 554, § 1; 1989, ch. 591, §§ 1, 6; 2004, ch. 576, § 2; 2006, ch. 547, § 1; 2006, ch. 644, §§ 1, 3, 5.
Notes of Decisions
Cited in 11
cases, 1983–2017 · leading case: Foley v. Hamilton, 659 S.W.2d 356 (Tenn. 1983).
Foley v. Hamilton, 659 S.W.2d 356 (Tenn. 1983). “T.C.A. § 13-3-402 provides that [n]o plat of a subdivision of land within such region, other than land located within the boundaries of any municipal corporation, shall be filed for record or recorded until it shall have been approved by such regional planning commission and…”
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). “§ 13-4-302 (1992); see also § 13-3-402 (articulating a similar prohibition for county registers with respect to recording subdivision plats for purposes of regional planning).”
METROP. GOV. NASH., DAVIDSON CTY v. Barry Constr. Co., Inc., 240 S.W.3d 840 (Tenn. Ct. App. 2007). “Barry Construction contends that even if it did have an obligation to complete Smith Springs Parkway at some point, that obligation was extinguished by the Planning Commission's approval of the final subdivision plats for Phase I, section 2 and Phase I, section 3. Planning…”
Lake Cnty. v. Truett, 758 S.W.2d 529 (Tenn. Ct. App. 1988). “” T.C.A. § 13-3-402 states in part that after a regional planning commission has adopted a regional plan that includes a major road plan and shall have filed a copy of the major road plan in the county register’s office (as had been done in this case), then no plat of a…”
Metro. Gov't of Nashville & Davidson Cnty. v. Barry Constr. Co., 240 S.W.3d 840 (Tenn. Ct. App. 2007). “Planning commission approval of a subdivision plat is a prerequisite for recordation in the county *852 register, the construction and dedication of roads, and the issuance of building permits.”
Roane Cnty. v. Weston Tucker (Tenn. Ct. App. 2004). “Because the land at issue is a subdivision, Roane County argues that, under Tenn. Code Ann. § 13-3-402 (a) (1999), the defendants must have the subdivision plat approved by the planning commission and endorsed by the secretary of the planning commission before the plat may be 3…”
State EX REL. Appaloosa Bay, LLC v. Johnson Cnty., Tennessee (Tenn. Ct. App. 2017). “Tenn. Code Ann. § 13-3-402 (a)(1) provides generally that no proposed subdivision plat within a region governed by a regional planning commission “shall be filed for record or recorded until it has been approved by such .”
John Melton, R & J of Tennessee, Inc., & State of Tennessee, on the Relation of John Melton & R&J of Tennessee, Inc. v. City of Lexington, Tennessee (Tenn. Ct. App. 2006). “See T.C.A. § 13-3-402 (1999). He noted in the memorandum that, although the Developer had told the Planning Commission that the development was not in the Planning Commission’s regional boundary, “[l]ater phases appear to have encroached into the Planning Region.”
Earl M. Shahan v. Franklin Cnty. (Tenn. Ct. App. 2003). “Tenn. Code Ann. § 13-3-402 (1999). Once the “platting jurisdiction” of a regional planning commission has attached, no county or court or board or officer thereof or any other public officer or authority shall accept, lay out, open, improve, grade, pave or light any road .”
Donnie Vaught v. Alan Jakes, Sr. & wife Deborah Jakes (Tenn. Ct. App. 2009). “(a) From and after the time when the platting jurisdiction of any regional planning commission has attached as provided in § 13-3-402, no building permit shall be issued and no building shall be erected on any lot within the region, unless one (1) of the following three (3)…”
Donnie Vaught v. Alan Jakes, Sr. & wife Deborah Jakes (Tenn. Ct. App. 2009). “(a) From and after the time when the platting jurisdiction of any regional planning commission has attached as provided in § 13-3-402, no building permit shall be issued and no building shall be erected on any lot within the region, unless one (1) of the following three (3)…”
— Tenn. Code Ann. § 13-3-402(a)(1) — 2 cases
METROP. GOV. NASH., DAVIDSON CTY v. Barry Constr. Co., Inc., 240 S.W.3d 840 (Tenn. Ct. App. 2007). “Barry Construction contends that even if it did have an obligation to complete Smith Springs Parkway at some point, that obligation was extinguished by the Planning Commission's approval of the final subdivision plats for Phase I, section 2 and Phase I, section 3. Planning…”
John Melton, R & J of Tennessee, Inc., & State of Tennessee, on the Relation of John Melton & R&J of Tennessee, Inc. v. City of Lexington, Tennessee (Tenn. Ct. App. 2006). “See T.C.A. § 13-3-402 (1999). He noted in the memorandum that, although the Developer had told the Planning Commission that the development was not in the Planning Commission’s regional boundary, “[l]ater phases appear to have encroached into the Planning Region.”
— Tenn. Code Ann. § 13-3-402(a)(l) — 1 case
Metro. Gov't of Nashville & Davidson Cnty. v. Barry Constr. Co., 240 S.W.3d 840 (Tenn. Ct. App. 2007). “Planning commission approval of a subdivision plat is a prerequisite for recordation in the county *852 register, the construction and dedication of roads, and the issuance of building permits.”
— Tenn. Code Ann. § 13-3-402(c) — 1 case
Roane Cnty. v. Weston Tucker (Tenn. Ct. App. 2004). “Because the land at issue is a subdivision, Roane County argues that, under Tenn. Code Ann. § 13-3-402 (a) (1999), the defendants must have the subdivision plat approved by the planning commission and endorsed by the secretary of the planning commission before the plat may be 3…”
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