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PUBLIC CHAPTER NO. 363
SENATE BILL NO. 365
By Briggs, Powers, Stevens
Substituted for: House Bill No. 317
By Rudd
AN ACT to amend Tennessee Code Annotated, Title 13, Chapter 7, relative to zoning.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Section 13-7-106(b)(5), is amended by adding the
language "property rights; constitutional rights;" immediately after the language "public hearing
procedure;".
SECTION 2. Tennessee Code Annotated, Section 13-7-106(b)(9), is amended by deleting the
subdivision.
SECTION 3. Tennessee Code Annotated, Section 13-7-107(a), is amended by deleting the
subsection and substituting instead:
(a)(1) The county legislative body shall provide and specify, in its zoning or other
ordinance, general rules to govern the organization, procedure, and jurisdiction of the
board of appeals, which rules shall not be inconsistent with this part, and the board
may adopt supplemental rules of procedure, not inconsistent with this part or such
general rules.
(2) The general and supplemental rules of procedure:
(A) Shall require:
(i) Maintenance of a record of the board's proceedings, including
resolutions, transactions, motions, and actions, which are public
records;
(ii) Election from its membership of a chair and other officers as
the board deems necessary; and
(iii) The presentation of relevant proof by parties to the
proceedings;· and
(8) May address the inclusion of statements of reasons for the board's
actions as part of each motion or action, including such findings of fact and
statements of material evidence as the board may deem pertinent.
SECTION 4. Tennessee Code Annotated, Section 13-7-108, is amended by designating the
existing language as subsection (a) and adding the following as a new subsection (b):
(b) Building commissioners and other administrative officials who grant or deny building
permits shall inform, in writing, the person receiving the grant or denial of the person's right to
appeal to the board of zoning appeals.
SECTION 5. Tennessee Code Annotated, Section 13-7-109, is amended by designating the
existing language as subsection (a) and adding the following as a new subsection (b):
SB 365
(b) When issuing a decision of the board of zoning appeals, the board shall inform, in
writing, the parties to the proceeding of their right to seek judicial review of the board's
decision pursuant to title 27, chapter 9.
SECTION 6. Tennessee Code Annotated, Section 13-7-205(b), is amended by deleting the
subsection and substituting instead:
(b)(1) The chief legislative body shall provide and specify, in its zoning or other
ordinance, general rules to govern the organization, procedure, and jurisdiction of the
board of appeals, which rules shall not be inconsistent with this part or part 3 of this
chapter, and the board may adopt supplemental rules of procedure, not inconsistent
with this part or part 3 of this chapter or such general rules.
(2) The general and supplemental rules of procedure:
(A) Shall require:
(i) Maintenance of a record of the board's proceedings,
including resolutions, transactions, motions, and actions, which are
public records;
(ii) Election from its membership of a chair and other officers as
the board deems necessary; and
(iii) The presentation of relevant proof by parties to the
proceedings; and
(8) May address the inclusion of statements of reasons for the board's
actions as part of each motion or action, including such findings of fact and
statements of material evidence as the board may deem pertinent.
SECTION 7. Tennessee Code Annotated, Section 13-7-205(c)(5), is amended by adding the
language "property rights; constitutional rights;" immediately after the language "public hearing
procedure;".
SECTION 8. Tennessee Code Annotated, Section 13-7-205(c)(9), is amended by deleting
the subdivision·.
SECTION 9. Tennessee Code Annotated, Section 13-7-206, is amended by adding the
following as a new subsection:
(c) Building commissioners and other administrative officials who grant or deny
building permits shall inform, in writing, the person receiving the grant or denial of the
person's right to appeal to the board of zoning appeals.
SECTION 10. Tennessee Code Annotated, Section 13-7-207, is amended by designating the
existing language as subsection (a) and adding the following as a new subsection (b):
(b) When issuing a decision of the board of zoning appeals, the board shall inform, in
writing, the parties to the proceeding of their right to seek judicial review of the board's
decision pursuant to title 27, chapter 9.
SECTION 11. This act takes effect July 1, 2025, the public welfare requiring it.
2
SENATE BILL NO. 365
PASSED: April 16, 2025
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SPEAKER OF THE SENATE
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CAMERONSEXTON,SPEAKER
HOUSE OF REPRESENTATIVES
1 APPROVED this 0"1$- day of (V\:,.> 2025
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