Planning, Public - As enacted, specifies that the vesting period established for a construction project or development plan does not expire because of pending litigation challenging a permit; specifies that the vesting p, the official text

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                             PUBLIC CHAPTER NO. 440
                                                     SENATE BILL NO. 773

                                                              By Briggs

                                            Substituted for: House Bill No. 735

                                                        By Wright, Davis

AN ACT to amend Tennessee Code Annotated, Title 13, Chapter 3; Title 13, Chapter 4 and Title 13,
          Chapter 7, relative to the vesting period for property development standards.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:

          SECTION 1. Tennessee Code Annotated, Section 13-3-401, is amended by adding the
following new, appropriately designated subdivision:

                    ( ) "Submission" means:

                              (A) With respect to a development plan, the date on which an applicant
                    submits to a local government a complete application for approval of the development
                    plan; or

                              (B) With respect to a building permit, the date on which an applicant submits
                    to a local government a complete application for approval of the building permit.

          SECTION 2. Tennessee Code Annotated, Section 13-3-413, is amended by adding the
following new subsections:

                    ( ) Notwithstanding this section to the contrary:

                              (1) A vesting period applicable to a development plan approved by a local
                    government must not expire earlier than three (3) years following the later of the date
                    on which the appeal period for challenging such approval has expired or the date on
                    which all appeals of such approval have been exhausted; and

                              (2) A vesting period applicable to a building permit issued by a local
                    government must not expire earlier than three (3) years following the later of the date
                    on which the appeal period for challenging such issuance has expired or the date on
                    which all appeals of such issuance have been exhausted.

                    ( ) Any question related to the power of a board of appeals to hear and render
          decisions on applications for approval of development plans under a special exception
          authorized by an ordinance passed by a county legislative body, or to hear and render
          decisions on any other matter authorized by the county legislative body under the power
          granted pursuant to§ 13-7-107(b), must be resolved in favor of the board of appeals having
          the authority described in such ordinance.

          SECTION 3. Tennessee Code Annotated, Section 13-4-301, is amended by adding the
following new, appropriately designated subdivision:

                    () "Submission" means: '

                              (A) With respect to a development plan, the date on which an applicant
                    submits to a local government a complete application for approval of the development
                    plan; or
SB 773
                              (B) With respect to a building permit, the date on which an applicant submits

                    to a local government a complete application for approval of the building permit.
          SECTION 4. Tennessee Code Annotated, Section 13-4-310, is amended by adding the
following new subsections:

                    ( ).Notwithstanding this section to the contrary:
                              (1) A vesting period applicable to a development plan approved by a local

                    government must not expire earlier than three (3) years following the later of the date
                    on which the appeal period for challenging such approval has expired or the date on
                    which all appeals of such approval have been exhausted; and

                              (2) A vesting period applicable to a building permit issued by a local.
                    government must not expire earlier than three (3) years following the later of the date
                    on which the appeal period for challenging such issuance has expired or the, date on
                    which all appeals of such issuance have been exhausted.
                    ( ) Any question related to the power of a board of appeals to hear and render
          decisions on applications for approval of development plans under a special exception
          authorized by an ordinance passed by the municipal legislative body, or to hear and render
          decisions on any other matter authorized by the municipal legislative body under the power
          granted pursuant to§ 13-7-206(a), must be resolved in favor of the board of appeals having
          the authority described in such ordinance.
          SECTION 5. This act takes effect on July 1, 2025, the public welfare requiring it.

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         SENATE BILL NO. 773

PASSED:  April 21, 2025

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                         '    R  A  N  D  YT
                                              N
                            SPEAKER OF THE SENATE

                         c::: • (.

                              CAMERONSEXTON,SPEAKER
                              HOUSE OF REPRESENTATIVES

qta. rv1a ,J APPROVED this
         day of                  2025

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         BILL LEE, GOVERNOR