Tennessee Code Annotated
Tenn. Code Ann. § 13-7-107 (2026)
Rules of procedure and jurisdiction of board of appeals
✓ current as of May 2026
- (a)
- (1) The county legislative body may provide and specify, in its zoning or other ordinance, general rules to govern the organization, procedure and jurisdiction of the board of appeals, which rules shall not be inconsistent with this part, and the board may adopt supplemental rules of procedure, not inconsistent with such sections or such general rules.
- (2) The supplemental rules of procedure may address, but shall not be limited to, the following:
- (A) Maintenance of a record of the board's resolutions, transactions, motions and actions, which shall be a public record;
- (B) Election from its membership of a chair and other officers as the board deems necessary; and
- (C) The inclusion of statements of reasons for the board's actions as part of each motion or action, including such findings of fact and statements of material evidence as the board may deem pertinent.
- (b) The zoning ordinance may provide that the board of appeals may, in appropriate cases and subject to appropriate 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. The county 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 1935, ch. 33, § 6; C. Supp. 1950, § 10268.6; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 13-407; Acts 2011, ch. 279, § 1.
Notes of Decisions
Cited in 6
cases, 1990–2011 · leading case: Edwards v. Allen, 216 S.W.3d 278 (Tenn. 2007).
Edwards v. Allen, 216 S.W.3d 278 (Tenn. 2007). “It also observed that requests for special exception or conditional use permits are to be taken before the board of zoning appeals, a body authorized by Tennessee Code Annotated section 13-7-107 for the purpose of making “special exceptions to the terms of the zoning regulations…”
State Ex Rel. Browning-Ferris Indus. of Tennessee, Inc. v. Bd. of Commissioners, 806 S.W.2d 181 (Tenn. Ct. App. 1990). “Section 13-7-107 authorizes the county legislative body to set up rules of procedure governing the operation of the Board of Zoning Appeals that are not inconsistent with the provisions of the state enabling act.”
Anderson Cnty. v. Remote Landfill Servs., Inc., 833 S.W.2d 903 (Tenn. Ct. App. 1991). “§§ 13-7-107, 13-7-108 and 13-7-109, has already authorized and approved, to the full extent necessary and required by applicable law, the location, site, use and plans for Defendant to operate a sanitary landfill in Anderson County, Tennessee.”
Don Brunetti v. Bd. of Zoning Appeals of Williamson Cnty. - Concurring (Tenn. Ct. App. 1999). “That statute and Tenn. Code Ann. §13-7-107 also authorize the board the make special exceptions Page 4 to zoning regulations.”
Odell Binkley v. Metro. Gov't of Nashville & Davidson Cnty., Tennessee (Tenn. Ct. App. 2011). “Compare Tenn. Code Ann. § 13-7-101 with Tenn. Code Ann.”
Ready Mix, USA, LLC. v. Jefferson Cnty., Tennessee (Tenn. Ct. App. 2011). “§ 13-7-106 and § 13-7-107 set forth the jurisdiction and powers of a board of zoning appeals: § 13–7–106 (a) provides that ‘the legislative body of any county which enacts zoning regulations under the authority of this part shall create a county board of zoning appeals of three…”
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