Tennessee Code Annotated
Tenn. Code Ann. § 13-7-101 (2026)
Grant of zoning power
✓ current as of May 2026
- (a)
- (1) The county legislative body of any county is empowered, in accordance with the conditions and the procedure specified in this part, to regulate, in the portions of such county which lie outside of municipal corporations, the location, height and size of buildings and other structures, the percentage of lot which may be occupied, the sizes of yards, courts, and other open spaces, the density and distribution of population, the uses of buildings and structures for trade, industry, residence, recreation or other purposes, and the uses of land for trade, industry, residence, recreation, agriculture, forestry, soil conservation, water supply conservation or other purposes, and identify areas where there are inadequate or nonexistent publicly or privately owned and maintained services and facilities when the planning commission has determined the services are necessary in order for development to occur. Special districts or zones may be established in those areas deemed subject to seasonal or periodic flooding, and such regulations may be applied therein as will minimize danger to life and property, and as will secure to the citizens of Tennessee the eligibility for flood insurance under Public Law 1016, 84th Congress, or subsequent related laws or regulations promulgated under such provisions. Protection and encouragement of access to sunlight for solar energy systems may be considered in promulgating zoning regulations pursuant to this section. Quarrying shall be uniformly defined, for purposes of all county zoning regulations, as the extraction, removal and mechanized processing of stone, gravel, phosphate rock, metallic ore, limestone, marble, chert, sand, dimension stone and any other solid mineral or substance of commercial value, except coal and deep metal mining, including, but not limited to zinc, found in natural deposits in the earth, for barter or sale. The definition of quarrying shall not include the reuse of these minerals on the same site from which they are extracted. This definition shall have no effect on the exception contained in § 54-1-128. The removal of borrow material from a site and the placement of the same material on a project site without any mechanized processing shall not be considered quarrying.
- (2)
- (A)
- (i) The transfer of development rights may be provided for in the promulgation of zoning regulations pursuant to this section. The creation, amendment or repeal of regulations, districts or maps providing for the transfer of development rights shall be in compliance with §§ 13-7-104 and 13-7-105. The transfer of development rights shall not be subject to taxation pursuant to title 67, chapter 4 or 6; provided, that any instruments recorded in the county register's office as the result of the transfer of development rights shall be subject to the fees set out in § 8-21-1001. Any regulations authorizing the transfer of development rights shall provide that conveyances of development rights shall be in writing and shall be recorded in the office of the register of deeds and that whenever transferred development rights are allocated to any property, such allocation shall not become effective until the transferred development rights are noted in an instrument or on a plat and recorded in the office of the register of deeds.
- (ii) A town, city, county, a county with a metropolitan form of government, the state of Tennessee, or a not-for-profit conservation or preservation organization may be the receiving entity of a development right without allocating or designating the transferred development right to any receiving property under its ownership or control. A town, city, county, a county with a metropolitan form of government, the state of Tennessee, or a not-for-profit conservation or preservation organization shall be allowed to receive all or part of the donating property's development rights notwithstanding any local zoning regulations pertaining to any required ratio or amount of land area a receiving property must contain in relation to the land area of the donating property or of the total amount of density that a receiving property may obtain from the donating property.
- (B) This subdivision (a)(2) shall be strictly construed with the specific intent to allow a local government to establish its own plan whereby the owners of property in a restrictive area (historical, agricultural, rural area as designated in the county's growth plan, or environmental) can sell the development rights to a developer or another individual and only with the consent of the property owner and through negotiations of development rights in the free marketplace. A property owner may donate, through gift or through testamentary disposition, all or part of the development rights of the owner's property to a town, city, county, a county with a metropolitan form of government, the state of Tennessee, or a not-for-profit conservation or preservation organization. Any town, city, county, county with a metropolitan government, the state, or any not-for-profit conservation or preservation organization may purchase development rights from a property owner with the consent of the property owner and the purchase shall be through negotiations of the development rights in the free marketplace. Any town, city, county, county with a metropolitan government, the state, or any not-for-profit conservation or preservation organization may preserve the purchased or donated development rights unused for a definite or indefinite period of time and may at any time sell the development rights so held to a property owner in a designated receiving area with the purchase being one negotiated in the free marketplace. In order to accept a donation of development rights or for the purchase or sale of developments rights by a town, city, county, or county with a metropolitan government, the donation, purchase or sale must be approved by that government's legislative body.
- (C) It is the legislative intent that the provisions of this section relative to the transfer of development rights are permissive and not mandatory. Such rights shall only be transferred by contract and not by operation of law.
- (A)
- (b) The chief legislative body of any county having a population of not less than two hundred eighty-seven thousand seven hundred (287,700) nor greater than two hundred eighty-seven thousand eight hundred (287,800), according to the 1980 federal census or any subsequent federal census, is further authorized and empowered to rezone properties conditionally or based upon contract, where the agreed conditions are designed to ameliorate injuries created by the rezoning to surrounding property interests or to county interests.
Acts 1935, ch. 33, § 1; C. Supp. 1950, § 10268.1; Acts 1957, ch. 306, § 1; impl. am. Acts 1978, ch. 934, §§ 7, 36; Acts 1979, ch. 259, § 7; T.C.A. (orig. ed.), § 13-401; Acts 1985, ch. 44, § 1; 1987, ch. 361, §§ 1, 4; 2001, ch. 265, §§ 1 - 4; 2008 , ch. 1150, § 11; 2011 , ch. 217, § 1; 2012 , ch. 755, § 1.
Notes of Decisions
Cited in 40
cases (4 in the last 5 years), 1983–2026 · leading case: 421 Corp. v. Metro. Gov't of Nashville & Davidson Cnty., 36 S.W.3d 469 (Tenn. Ct. App. 2000).
421 Corp. v. Metro. Gov't of Nashville & Davidson Cnty., 36 S.W.3d 469 (Tenn. Ct. App. 2000). “See Tenn.Code Ann. §§ 13-7-101(a)(l), - 201(a)(1).”
Edwards v. Allen, 216 S.W.3d 278 (Tenn. 2007). “Relevant Code Provisions Part 1 of Chapter 7 of Tennessee Code Annotated pertains to county zoning and, in 1992, was codified in sections 13-7-101 through -116. A county acquires its power to enact zoning regulations from the state.”
Ready Mix, USA, LLC v. Jefferson Cnty., Tennessee, 380 S.W.3d 52 (Tenn. 2012). “” Tenn. Code Ann. § 13-7-101 (a)(1) (1992).”
Dave Brundage v. Cumberland Cnty., 357 S.W.3d 361 (Tenn. 2011). “See Tenn. Code Ann. §§ 13-7-101 (a)(l), -201(a)(1).”
State Ex Rel. Browning-Ferris Indus. of Tennessee, Inc. v. Bd. of Commissioners, 806 S.W.2d 181 (Tenn. Ct. App. 1990). “The counties of this state have been given the power and authority to adopt zoning plans by virtue of T.C.A. § 13-7-101, et seq. The power of a county legislative body to amend its zoning resolution is set out in T.”
Velda J. Shore v. Maple Lane Farms, LLC, 411 S.W.3d 405 (Tenn. 2013). “Acts 52 (codified as amended at Tenn. Code Ann. §§ 13-7-101 to -119 (2011 & Supp.”
Fallin v. Knox Cnty. Bd. of Commissioners, 656 S.W.2d 338 (Tenn. 1983). “T.C.A., §§ 13-7-101 — 13-7-105. When a municipal governing body acts under its delegated police powers either to adopt or amend a zoning ordinance, it acts in a legislative capacity and the scope of judicial review of such action is quite restricted.”
Smith Cnty. Reg'l Plan. Comm'n v. Hiwassee Vill. Mobile Home Park, LLC, 304 S.W.3d 302 (Tenn. 2010). “Chapter 7 of Title 13 is divided into four parts, including Part 1 (“County Zoning”), Tennessee Code Annotated sections 13-7-101 to -115, -117 to -119, and Part 2 (“Municipal Zoning”), id.”
Anderson Cnty. v. Remote Landfill Servs., Inc., 833 S.W.2d 903 (Tenn. Ct. App. 1991). “In 1977 the county legislative body of Anderson County adopted a comprehensive zoning ordinance for Anderson County pursuant to T.C.A. § 13-7-101, et seq. The *905 statute gave the legislative body in each county the right to regulate the use of land in each county which is…”
Hutcherson v. Criner, 11 S.W.3d 126 (Tenn. Ct. App. 1999). “§ 13-7-101 (1992) provides in pertinent part: (a)(1) The county legislative body of any county is empowered, in accordance with the conditions and the procedure specified in this part, to regulate, in the portions of such county which lie outside of municipal corporations, the…”
Robertson Cnty. v. Browning-Ferris Indus. of Tennessee, Inc., 799 S.W.2d 662 (Tenn. Ct. App. 1990). “” Tenn.Code Ann. § 13-7-103. We have reviewed Tenn.”
Fam. Golf of Nashville, Inc. v. Metro. Gov't of Nashville & Davidson Cnty., 964 S.W.2d 254 (Tenn. Ct. App. 1997). “The power to zone must be distinguished from the power to plan.”
— Tenn. Code Ann. § 13-7-101(a) — 1 case
Loveday Springs v. Knox Cnty., Tennessee (Tenn. Ct. App. 2026).
— Tenn. Code Ann. § 13-7-101(a)(1) — 4 cases
Edwards v. Allen, 216 S.W.3d 278 (Tenn. 2007). “Relevant Code Provisions Part 1 of Chapter 7 of Tennessee Code Annotated pertains to county zoning and, in 1992, was codified in sections 13-7-101 through -116. A county acquires its power to enact zoning regulations from the state.”
Lamar Tennessee, LLC DBA Lamar Advert. of Knoxville v. City of Knoxville, Tennessee (Tenn. Ct. App. 2016).
Neighbors of Old Hickory v. Metro. Gov't Of Nashville & Davidson Cnty., Tennessee (Tenn. Ct. App. 2017).
Tinsley Props., LLC v. Grundy Cnty., Tennessee (Tenn. 2026).
— Tenn. Code Ann. § 13-7-101(a)(l) — 4 cases
421 Corp. v. Metro. Gov't of Nashville & Davidson Cnty., 36 S.W.3d 469 (Tenn. Ct. App. 2000). “See Tenn.Code Ann. §§ 13-7-101(a)(l), - 201(a)(1).”
Smith Cnty. Reg'l Plan. Comm'n v. Hiwassee Vill. Mobile Home Park, LLC, 304 S.W.3d 302 (Tenn. 2010). “Chapter 7 of Title 13 is divided into four parts, including Part 1 (“County Zoning”), Tennessee Code Annotated sections 13-7-101 to -115, -117 to -119, and Part 2 (“Municipal Zoning”), id.”
State Ex Rel. Browning-Ferris Indus. of Tennessee, Inc. v. Bd. of Commissioners, 806 S.W.2d 181 (Tenn. Ct. App. 1990). “The counties of this state have been given the power and authority to adopt zoning plans by virtue of T.C.A. § 13-7-101, et seq. The power of a county legislative body to amend its zoning resolution is set out in T.”
Robertson Cnty. v. Browning-Ferris Indus. of Tennessee, Inc., 799 S.W.2d 662 (Tenn. Ct. App. 1990). “” Tenn.Code Ann. § 13-7-103. We have reviewed Tenn.”
— Tenn. Code Ann. § 13-7-101(b) — 1 case
Loveday Springs v. Knox Cnty., Tennessee (Tenn. Ct. App. 2026).
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