Tennessee § 44-18-104 - Applicability of zoning requirements and regulations.

§ 44-18-104. Applicability of zoning requirements and regulations.

The applicability of zoning requirements is as follows: A zoning requirement shall apply to a feedlot, dairy farm or poultry production house with an established date of operation subsequent to the effective date of the zoning requirements; A zoning requirement shall not apply to a feedlot, dairy farm or poultry production house with an established date of operation prior to the effective date of the zoning requirement; A zoning requirement that is in effect on April 12, 1979, shall apply to a feedlot, dairy farm or poultry production house with an established date of operation prior to April 12, 1979; and A zoning requirement adopted by a city shall not apply to a feedlot, dairy farm or poultry production house that becomes located within an incorporated or unincorporated area subject to regulation by that city by virtue of an incorporation or annexation that takes effect after April 12, 1979. A person shall comply with this section as a matter of law where no zoning requirement exists. The applicability of regulations shall be as follows: A regulation shall apply to a feedlot, dairy farm or poultry production house with an established date of operation subsequent to the effective date of such regulation; A regulation shall not apply to a feedlot, dairy farm or poultry production house with an established date of operation prior to the effective date of the regulation; A regulation that is in effect on April 12, 1979, shall apply to a feedlot, dairy farm or poultry production house with an established date of operation prior to April 12, 1979; and A regulation adopted by a city shall not apply to a feedlot, dairy farm or poultry production house that becomes located within an incorporated or unincorporated area subject to regulation by such city by virtue of an incorporation or annexation that takes effect after April 12, 1979. A person shall comply with this section as a matter of law where no regulation exists. Acts 1979, ch. 138, § 4; T.C.A., § 53-6704; Acts 2002, ch. 635, § 2. Attorney General Opinions. 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). Cited: Shore v. Maple Lane Farms, LLC, — S.W.3d —, 2012 Tenn. App. LEXIS 229 (Tenn. Ct. App. Apr. 11, 2012).