Zoning - As enacted, authorizes certain counties to adopt a resolution prohibiting a municipality or regional zoning commission from exercising zoning authority outside of the boundaries of the municipality. - Amends TCA, the official text

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      State e{Jenn&ssee

                            PUBLIC CHAPTER NO. 1090

                                                    SENATE BILL NO. 1771

                                               By Lowe, Bowling, Gardenhire

                                           Substituted for: House Bill No. 1720

                  By Tim Hicks, Cochran, Renea Jones, Lamberth, Sparks, Howell, Russell

AN ACT to amend Tennessee Code Annotated, Title 5; Title 6; Title 7 and Title 13, relative to zoning
         outside of municipal boundaries.

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

         SECTION 1. Tennessee Code Annotated, Title 13, Chapter 7, Part 3, is amended by adding
the following as a new section:

                   (a) Notwithstanding this part, a municipality or regional planning commission shall not
          adopt a zoning plan, ordinance, rule, or regional zoning ordinance, as applicable, exercising
         jurisdiction over zoning, including development, infrastructure, or land use, outside of the
          boundaries of a municipality.

                   (b) This section is effective in a county upon the adoption of a resolution by a majority
          vote of the county legislative body. Upon adoption of such resolution, an existing zoning plan,
          ordinance, rule, or regional zoning ordinance adopted under this part exercising jurisdiction
          over zoning, including development, infrastructure, or land use, outside of the boundaries of
          a municipality is void and unenforceable. The county and municipality may enter into an
          interlocal or other agreement for the completion of, or for the process of winding down,
          development, infrastructure, or land use obligations in progress prior to the adoption of such
          resolution. A developer may be a party to such an agreement with the consent of the county
          and municipal governing bodies.

                    (c) This section:

                             (1) Applies to counties with a population of less than three hundred forty-one
                   thousand five hundred (341,500), according to the 2020 or a subsequent federal
                    census; and

                             (2) Does not apply to a county with a metropolitan form of government.

                    (d) This section does not prohibit a county or municipality from entering into an
          interlocal agreement for any lawful purpose under state law.

                    (e)(1) In a county that has adopted this section, if a preliminary plat, final plat, site
                    plan, or building permit application is submitted for property outside a municipal
                    boundary but within the municipality's urban growth boundary, the person filing the
                    plat, plan, or application shall include a declaration of whether the person seeks to
                    have the property annexed by the municipality.

                             (2) If the person seeks annexation, the person shall develop and build the
                    property to the standards that would be imposed under the applicable municipal
                    requirements.

                              (3) If the person does not seek annexation, the county shall record such
                    declaration with the register of deeds, and such property is ineligible for annexation
                    until the person or a future property owner enters into an agreement with the
                    municipality binding the person and any future owners of such property to pay a
SB 1771
                    special assessment to bring the property to municipal standards for infrastructure.
                    Such agreement must be recorded with the register of deeds.

          SECTION 2. This act takes effect upon becoming a law, the public welfare requiring it.

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         SENATE BILL NO. 1771

PASSED:  April 22, 2026

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                         '                .,RANDY MINALLy

                            SPEAKER OF THE SENATE

                         ~T:

                           CAMERON SEXTON, SPEAKER
                          HOUSE OF REPRESENTATIVES

~ APPROVED this ~.....t. day of           2026

         ~(,LL
                      BILL LEE, GOVERNOR