Tennessee Code Annotated
Tenn. Code Ann. § 13-7-201 (2026)
Grant of power
✓ current as of May 2026
- (a)
- (1) For the purpose of promoting the public health, safety, morals, convenience, order, prosperity and general welfare, the board of aldermen, board of commissioners or other chief legislative body of any municipality by whatever title designated, and hereinafter designated as "chief legislative body", is empowered, in accordance with the conditions and the procedure specified in this part and part 3 of this chapter, to regulate the location, height, bulk, number of stories and size of buildings and other structures, the percentage of the lot which may be occupied, the sizes of yards, courts and other open spaces, the density of population, and the uses of buildings, structures and land for trade, industry, residence, recreation, public activities and 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 thereunder. 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 municipal 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 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 any regulations, districts or maps providing for the transfer of development rights shall be in compliance with §§ 13-7-203 and 13-7-204. 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, 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 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) 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, 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, 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) In 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, the chief legislative body of any municipality 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 municipal interests.
- (c) In any county having a population of not less than eighty-five thousand eight hundred (85,800) nor greater than eighty-six thousand one hundred (86,100), according to the 1990 federal census or any subsequent federal census, any municipality may, by ordinance or amendment adopted by a two-thirds (2/3) vote of its legislative body, 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 municipal interests.
Acts 1935, ch. 44, § 1; C. Supp. 1950, § 3407.1; Acts 1957, ch. 306, § 1; 1979, ch. 259, § 9; T.C.A. (orig. ed.), § 13-701; Acts 1984, ch. 952, § 1; 1987, ch. 361, §§ 2, 4; 2001, ch. 265, §§ 5 - 7; 2001, ch. 409, § 1; 2008 , ch. 1150, § 14; 2011 , ch. 217, § 2; 2012 , ch. 755, § 2.
Notes of Decisions
Cited in 29
cases (4 in the last 5 years), 1988–2026 · leading case: SNPCO, INC. v. City of Jefferson City, 363 S.W.3d 467 (Tenn. 2012).
SNPCO, INC. v. City of Jefferson City, 363 S.W.3d 467 (Tenn. 2012). “Acts 117 , 117-22 (codified as amended at Tenn.Code Ann. §§ 13-7-201 to -212 (2011)).”
Cherokee Country Club, Inc. v. City of Knoxville, 152 S.W.3d 466 (Tenn. 2004). “The effect of the City’s action was to avoid the notice, hearing, and review requirements of the traditional zoning statute, see Tenn.Code Ann. § 13-7-201 (Supp.2004), and the notice, hearing, and review requirements of the Historical Zoning Statute, see Tenn.”
Ready Mix, USA, LLC v. Jefferson Cnty., Tennessee, 380 S.W.3d 52 (Tenn. 2012). “Tennessee Code Annotated section 13-7-201(a)(1) grants that authority subject to notice requirements.”
Anita J. Cash, City of Knoxville Zoning Coordinator v. Ed Wheeler, 356 S.W.3d 913 (Tenn. Ct. App. 2011). “The power to enact zoning ordinances has been granted to Tennessee municipalities through Tenn. Code Ann. § 13-7-201 et seq. Tenn.Code Ann.”
Dave Brundage v. Cumberland Cnty., 357 S.W.3d 361 (Tenn. 2011). “Acts 117 (codified as amended at Tenn.Code Ann. §§ 13-7-201 to -212 (2011)) (cities); see also Lamar Tenn.”
Wadlyn Corp. v. City of Knoxville, 296 S.W.3d 536 (Tenn. Ct. App. 2008). “Wadlyn and Camdun argue that this grant of authority is not authorized by Tenn. Code Ann. § 13-7-201 et seq. Wadlyn and Camdun rely, in part, on Browning-Ferris in which this Court held that the enabling legislation did not allow “a county legislative body [to] retain unto…”
Layman Lessons, Inc. v. City of Millersville, Tn, 636 F. Supp. 2d 620 (M.D. Tenn. 2008). “Rather, pursuant to Tenn.Code Ann. § 13-7-201, the “chief legislative body” of any municipality has the authority to control zoning in that municipality.”
Father Ryan High Sch., Inc. v. City of Oak Hill Ex Rel. Oak Hill Bd. of Zoning Appeals, 774 S.W.2d 184 (Tenn. Ct. App. 1988). “Upon review, the chancellor filed a memorandum opinion and held: The City of Oak Hill’s authority to enact zoning regulations is pursuant to T.C.A. § 13-7-201, et seq. and to create a board of zoning appeals is pursuant to T.”
Smith Cnty. Reg'l Plan. Comm'n v. Hiwassee Vill. Mobile Home Park, LLC, 304 S.W.3d 302 (Tenn. 2010). “sections 13-7-201 to -212. Both of these parts contain a section on the enforcement of zoning ordinances and remedies for violations thereof.”
Copeland v. City of Chattanooga ex rel. Bd. of Commissioners, 866 S.W.2d 565 (Tenn. Ct. App. 1993). “We perceive the issue in the instant appeal as whether the requirement that Appellants dedicate 12 feet of righi of-way for future road expansion, as a condition of C-2 zoning, is a proper exercise of governmental power.”
State Ex Rel. Browning-Ferris Indus. of Tennessee, Inc. v. Bd. of Commissioners, 806 S.W.2d 181 (Tenn. Ct. App. 1990). “Part 2 encompasses “municipal zoning” and is codified as §§ 13-7-201 through -210. There is indeed justification for separate enabling acts pertaining to zoning for counties and municipalities since the two differ vastly govemmentally and politically, with *190 cities or…”
KLN Assocs. v. Metro Dev. & Hous. Agency, 797 S.W.2d 898 (Tenn. Ct. App. 1990). “Acts 117 , now codified at Tenn.Code Ann. §§ 13-7-201, -210 (1987 & Supp.”
— Tenn. Code Ann. § 13-7-201(a)(1) — 2 cases
Ready Mix, USA, LLC v. Jefferson Cnty., Tennessee, 380 S.W.3d 52 (Tenn. 2012). “Tennessee Code Annotated section 13-7-201(a)(1) grants that authority subject to notice requirements.”
SNPCO, INC. v. City of Jefferson City, 363 S.W.3d 467 (Tenn. 2012). “Acts 117 , 117-22 (codified as amended at Tenn.Code Ann. §§ 13-7-201 to -212 (2011)).”
— Tenn. Code Ann. § 13-7-201(a)(l) — 2 cases
Cherokee Country Club, Inc. v. City of Knoxville, 152 S.W.3d 466 (Tenn. 2004). “The effect of the City’s action was to avoid the notice, hearing, and review requirements of the traditional zoning statute, see Tenn.Code Ann. § 13-7-201 (Supp.2004), and the notice, hearing, and review requirements of the Historical Zoning Statute, see Tenn.”
SNPCO, INC. v. City of Jefferson City, 363 S.W.3d 467 (Tenn. 2012). “Acts 117 , 117-22 (codified as amended at Tenn.Code Ann. §§ 13-7-201 to -212 (2011)).”
— Tenn. Code Ann. § 13-7-201(b) — 2 cases
Copeland v. City of Chattanooga ex rel. Bd. of Commissioners, 866 S.W.2d 565 (Tenn. Ct. App. 1993). “We perceive the issue in the instant appeal as whether the requirement that Appellants dedicate 12 feet of righi of-way for future road expansion, as a condition of C-2 zoning, is a proper exercise of governmental power.”
Loveday Springs v. Knox Cnty., Tennessee (Tenn. Ct. App. 2026).
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