Tennessee Code Annotated
Tenn. Code Ann. § 13-7-402 (2026)
Historic zones established
✓ current as of May 2026
- (a) In order to accomplish the purpose of this part, the legislative body of any county or municipality is empowered to establish special historic districts or zones, and to regulate the construction, repair, alteration, rehabilitation, relocation and demolition of any building or other structure which is located or is proposed to be located within the boundaries of any historic district or zone, in accordance with the conditions and procedures specified in this part.
- (b) A historic district or zone may be superimposed on other districts or zones, including the zoning maps, established by any other zoning ordinance or regulation, whether established before or after the establishment of a historic district or zone.
- (c) The permitted or prohibited property uses, the zoning procedures and other regulations otherwise applicable within a historic district or zone under any other zoning ordinance or regulation shall apply to a historic district or zone, except when in conflict with this part or any ordinance or regulation adopted pursuant to this part, but in the event of such conflict, this part and any ordinance or regulation adopted pursuant to this part shall control.
Acts 1982, ch. 814, § 1; 1987, ch. 361, §§ 3, 4; 2004, ch. 632, § 1.
Notes of Decisions
Cited in 3
cases, 2004–2018 · leading case: Cherokee Country Club, Inc. v. City of Knoxville, 152 S.W.3d 466 (Tenn. 2004).
Cherokee Country Club, Inc. v. City of Knoxville, 152 S.W.3d 466 (Tenn. 2004). “Given these circumstances, we disagree with the Court of Appeals’ reasoning that the Historic Zoning Statutes were inapplicable since the emergency demolition ordinance did not affect an “existing historic district or zone” under Tennessee Code Annotated section 13-7-402.…”
Johnston v. Metro. Gov't of Nashville & Davidson Cnty., 320 S.W.3d 299 (Tenn. Ct. App. 2009). “Whether the trial court erred in holding that the enabling statute, Tennessee Code Annotated § 13-7-402, did not violate the separation of powers doctrine in Article II, Sections 1 and 2, of the Tennessee Constitution; 3.”
MJM Real Est. Investments, LLC v. Metro. Gov't Of Nashville & Davidson Cnty., Tennessee (2018). “Tenn. Code Ann. § 13-7-402 empowers municipal governments “to establish special historic districts or zones, and to regulate the construction, repair, alteration, rehabilitation, relocation and demolition of any building” located within the designated historic zones or districts.”
— Tenn. Code Ann. § 13-7-402(a) — 1 case
Cherokee Country Club, Inc. v. City of Knoxville, 152 S.W.3d 466 (Tenn. 2004). “Given these circumstances, we disagree with the Court of Appeals’ reasoning that the Historic Zoning Statutes were inapplicable since the emergency demolition ordinance did not affect an “existing historic district or zone” under Tennessee Code Annotated section 13-7-402.…”
— Tenn. Code Ann. § 13-7-402(b) — 1 case
Johnston v. Metro. Gov't of Nashville & Davidson Cnty., 320 S.W.3d 299 (Tenn. Ct. App. 2009). “Whether the trial court erred in holding that the enabling statute, Tennessee Code Annotated § 13-7-402, did not violate the separation of powers doctrine in Article II, Sections 1 and 2, of the Tennessee Constitution; 3.”
— Tenn. Code Ann. § 13-7-402(d) — 1 case
Johnston v. Metro. Gov't of Nashville & Davidson Cnty., 320 S.W.3d 299 (Tenn. Ct. App. 2009). “Whether the trial court erred in holding that the enabling statute, Tennessee Code Annotated § 13-7-402, did not violate the separation of powers doctrine in Article II, Sections 1 and 2, of the Tennessee Constitution; 3.”
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