Tennessee § 13-7-114 - Construction — Building permits — Agricultural use of land — Land located in special flood hazard area.

§ 13-7-114. Construction — Building permits — Agricultural use of land — Land located in special flood hazard area.

This part shall not be construed as authorizing the requirement of building permits nor providing for any regulation of the erection, construction, or reconstruction of any building or other structure on lands now devoted to agricultural uses or which may hereafter be used for agricultural purposes, except on agricultural lands adjacent or in proximity to state federal-aid highways, public airports or public parks; provided, that such building or structure is incidental to the agricultural enterprise. Nor shall this chapter be construed as limiting or affecting in any way or controlling the agricultural uses of land. For purposes of this section, buildings used as residences by farmers and farm workers are “incidental to the agricultural enterprise”. Notwithstanding subsection (a) or any other law to the contrary, a county participating in the national flood insurance program shall regulate buildings and development on land located in a special flood hazard area identified on the flood insurance rate map adopted by the county for purposes of participating in the national flood insurance program, but only to the minimum extent necessary to comply with the national flood insurance program. Subdivision (c)(1) shall apply only to the regulation of buildings and development on land located within the one hundred-year floodplain. Acts 1935, ch. 33, § 11; 1941, ch. 86, § 1; C. Supp. 1950, § 10268.11; T.C.A. (orig. ed.), § 13-414; Acts 2014, ch. 524, § 1; 2015, ch. 192, § 1. Attorney General Opinions. County zoning of residential structures on land used for agricultural purposes. OAG 13-80, 2013 Tenn. AG LEXIS 81 (10/22/13). County zoning of buildings used as residences by farmers and farm workers. OAG 14-79, 2014 Tenn. AG LEXIS 82 (9/4/14). The definition of “agriculture” in T.C. A. §§ 1-3-105(a)(2)(A) and 43-1-113(b)(1) applies in determining the meaning of “agricultural” as used in T.C.A. § 5-1-118(b) , T.C.A. § 5-1-122 , and T.C.A. § 13-7-114 . AG LEXIS 35 (7/26/2017). Based on the applicable definitions of “agriculture” and “agricultural,” concentrated animal feeding operations (CAFOs) clearly involve “agricultural” activities and the “agricultural” use of land and structures. Thus, a county is not authorized to regulate CAFOs under its zoning powers or its general powers. T.C.A. § 44-18-104 merely sets forth which zoning requirements and regulations apply when determining whether a feedlot, dairy farm, or poultry production house is to be afforded absolute immunity from a nuisance claim, but it does not provide authority for a county to enact zoning requirements or regulations. T.C.A. § 13-7-114 , which prevents counties from using their zoning power to regulate structures and land used for agricultural purposes, is not in conflict with T.C.A. § 44-18-104 because there is no independent source of zoning power bestowed upon any local entity under this right-to-farm law. T.C.A § 44-18-104(b) and (d) do not direct compliance with the section when no zoning requirements or regulations exist. When no zoning requirements or regulations exist, these provisions convey that a person’s compliance with the section is deemed to be established as a matter of law. OAG 18-30, 2018 Tenn. AG LEXIS 29 (7/6/2018).