Tennessee § 54-17-115 - Building restrictions near scenic highways.

§ 54-17-115. Building restrictions near scenic highways.

The exposed portion of buildings constructed or erected on property located within one thousand feet (1,000') of a scenic highway shall not exceed a height of thirty-five feet (35') above the level of the highway on property located below the level of the highway, or a height of thirty-five feet (35') above the ground line on property located above the level of the highway. The restriction on buildings shall apply to the scenic highway, notwithstanding the route being located inside or outside a municipality and notwithstanding any law or ordinance to the contrary. It is the legislative intent of this section, in part, that possession of a building permit at the time a road or highway is designated a scenic highway shall not allow any future construction based on that permit. This section shall not apply to any building in existence at the time a road or highway is designated a part of the system. Silos and buildings designed for agricultural use are exempted from the application of this section. Any geographic area designated by state law and managed by a development authority authorized to promote and regulate technology-based economic development is exempt from the application of this section. Section 54-17-113 shall not apply to this section. Acts 1972, ch. 685, § 1; 1973, ch. 9, § 4; 1976, ch. 819, § 10; modified; T.C.A., § 54-2515; Acts 1987, ch. 30, § 1; 1990, ch. 660, § 1. Compiler's Notes. Acts 1987, ch. 30, § 2 provided that the provisions of the first sentence shall apply only to counties containing Class II rural roads as specified in § 54-17-114 . Attorney General Opinions. The building height restriction contained in the statute did not apply to a portion of West End Avenue in Nashville that was designated a Class I urban road, OAG 00-134 (8/22/00).