Tennessee § 5-1-122 - Exclusion of agricultural buildings.

§ 5-1-122. Exclusion of agricultural buildings.

The powers granted to counties by this part do not include the regulation of buildings used primarily for agricultural purposes; it being the intent of the general assembly that the powers granted to counties by this part should not be used to inhibit normal agricultural activities. Acts 1995, ch. 264, § 1. Attorney General Opinions. 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).