Tennessee § 5-1-118 - County powers shared with municipalities.

§ 5-1-118. County powers shared with municipalities.

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: Section 6-2-201(3)-(8), (10)-(13), (18), (19), (26) and (28); Section 6-54-103; Section 6-54-110; Section 6-54-307; and Sections 6-54-601 — 6-54-603. Nothing in this part shall be construed as granting counties the power to prohibit or regulate normal agricultural activities. 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. 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. 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. Compiler's Notes. Acts 1995, ch. 264, § 2 provided that it is not the intent of the general assembly in enacting that act to allow any county to prohibit or in any way impede any municipality in exercising any power or authority the municipality may lawfully exercise. Attorney General Opinions. County authority to establish rates for privately owned utility franchise, OAG 97-114, 1997 Tenn. AG LEXIS 148 (8/14/97). Proposed private act purporting to give a single county zoning and regulatory authority over business activities and property uses that are subject to regulation by the department of environment and would be inconsistent with general laws and would constitute invalid class legislation, OAG 04-105, 2004 Tenn. AG LEXIS 123 (7/02/04). Unless and until the legislature enacts legislation implementing a state lottery, which would include authorization for the sale of lottery tickets statewide, a local government may enact an ordinance prohibiting the sale of lottery tickets within its jurisdiction, OAG 03-004, 2003 Tenn. AG LEXIS 4 (1/17/03). T.C.A. §§ 5-1-118(c)(1) and 5-1-120 implicitly authorize a county to regulate businesses that involve the keeping of dogs or cats and to charge a reasonable regulatory fee, OAG 06-161, 2006 Tenn. AG LEXIS 181 (10/11/06). County government authority to regulate an electric utility, OAG 07-028 (3/12/07). Local governments may regulate itinerant vendors and temporary sales activity that takes place along a state highway, OAG 08-188, 2008 Tenn. AG LEXIS 233 (12/16/08). Use of county funds to support referendum to increase local option sales tax. OAG 12-31, 2012 Tenn. AG LEXIS 31 (3/8/12). Regulation of distribution of ephedrine and pseudoephedrine by local governments. OAG 13-99, 2013 Tenn. AG LEXIS 102 (12/6/13). 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).