Tennessee Code Annotated
Tenn. Code Ann. § 5-1-118 (2024)
County powers shared with municipalities
✓ Justia copy: laws through about 2024 (2025 and 2026 sessions missing)
- (a) Counties, by resolution of their respective legislative bodies, in addition to other powers authorized by general law or private act, may exercise the following powers granted to all or certain municipalities by the following code sections:
- (1) Section 6-2-201(3)-(8), (10)-(13), (18), (19), (26) and (28);
- (2) Section 6-54-103;
- (3) Section 6-54-110;
- (4) Section 6-54-307; and
- (5) Sections 6-54-601 - 6-54-603.
- (b) Nothing in this part shall be construed as granting counties the power to prohibit or regulate normal agricultural activities.
- (c)
- (1) In addition to those powers granted to counties pursuant to subsection (a), any county may, by adoption of a resolution by a two-thirds (2/3) vote of their respective legislative bodies, exercise those powers granted to all or certain municipalities by § 6-2-201(22) and (23), except as provided in subsection (b) and subdivisions (c)(2) and (3). Any such regulations shall be enacted by a resolution passed by a two-thirds (2/3) vote of the county legislative body. The powers granted to counties in this subdivision (c)(1) apply only within the unincorporated areas. Nothing in this subdivision (c)(1) may be construed to allow any county to prohibit or in any way impede any municipality in exercising any power or authority the municipality may lawfully exercise. If, prior to April 17, 2002, a county has adopted a resolution by a two-thirds (2/3) vote, pursuant to previous acts enacted by the general assembly, to exercise the powers granted in accordance with this subdivision (c)(1), no further action by the legislative body of such county is necessary to continue exercising such powers.
- (2) The powers granted by § 6-2-201(22) and (23) shall not apply to those activities, businesses, or uses of property and business occupations and practices that are subject to regulation pursuant to title 57, chapters 5 and 6; title 59, chapter 8; title 60, chapter 1; title 68, chapters 201-221; or title 69, chapters 3, 7, 10 and 11.
- (3) All court decisions and statutory laws relating to variances and nonconforming uses applicable to zoning ordinances and land use controls shall apply to the enforcement and exercise of those powers granted pursuant to subdivision (c)(1).
Acts 1995, ch. 264, § 1; 2000, ch. 969, § 1; 2001, ch. 7, § 1; 2002, ch. 627, § 1; 2003, ch. 57, § 1.
Notes of Decisions
Cited in 4
cases (3 in the last 5 years), 2012–2026 · leading case: Tinsley Props., LLC v. Grundy Cnty., No. M2022-01562-SC-R11-CV (Tenn. Feb. 25, 2026).
Tinsley Props., LLC v. Grundy Cnty., No. M2022-01562-SC-R11-CV (Tenn. Feb. 25, 2026). “” Tenn. Code Ann. § 5-1-118 (c)(2) (2015). Grundy County filed a counterclaim seeking a declaration that the Resolution is valid and seeking to enjoin Tinsley from operating the quarry.”
Jefferson Cnty. v. Wilmoth Fam. Props., LLC, No. E2019-02283-COA-R3-CV (Tenn. Ct. App. Feb. 1, 2021). “However, we disagree that such active recreational activities qualify as a “normal agricultural activity,” exempting the property from applicable zoning regulations pursuant to Section 5-1-118. Normal is defined as “conforming to a type, standard, or regular pattern[,]…”
Velda J. Shore v. Maple Lane Farms, LLC, No. E2011-00158-COA-R3-CV, 2012 WL 1245606 (Tenn. Ct. App. Apr. 11, 2012). “Additionally, Tennessee Code Annotated section 5-1-118(c) (2011) states that “any county may .”
Tinsley Props., LLC v. Grundy Cnty., No. M2022-01562-COA-R3-CV (Tenn. Ct. App. Feb. 8, 2024). “Tenn. Code Ann. § 5-1-118 (c)(2). Title 57, chapters 5 and 6 apply to the manufacture, distribution, sale, and taxation of beer.”
Tenn. Code Ann. § 5-1-118(c): 2 cases
Tinsley Props., LLC v. Grundy Cnty., No. M2022-01562-SC-R11-CV (Tenn. Feb. 25, 2026). “” Tenn. Code Ann. § 5-1-118 (c)(2) (2015). Grundy County filed a counterclaim seeking a declaration that the Resolution is valid and seeking to enjoin Tinsley from operating the quarry.”
Velda J. Shore v. Maple Lane Farms, LLC, No. E2011-00158-COA-R3-CV, 2012 WL 1245606 (Tenn. Ct. App. Apr. 11, 2012). “Additionally, Tennessee Code Annotated section 5-1-118(c) (2011) states that “any county may .”
Tenn. Code Ann. § 5-1-118(c)(2): 1 case
Tinsley Props., LLC v. Grundy Cnty., No. M2022-01562-SC-R11-CV (Tenn. Feb. 25, 2026). “” Tenn. Code Ann. § 5-1-118 (c)(2) (2015). Grundy County filed a counterclaim seeking a declaration that the Resolution is valid and seeking to enjoin Tinsley from operating the quarry.”
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