Hamilton County, TN Building Safety: Building Permits (2026)
Key Facts
- Governing section
- Zoning Regs, Art. V, § 105
- Easement width, single lot
- 15 ft minimum
- Easement width, shared (4+ lots)
- 50 ft minimum
- Pre-1978 easement grandfather
- Cutoff Oct. 18, 1978 (Res. 1078-47)
- Deciding office
- Director of Building Inspection
Summary
Unincorporated Hamilton County will not issue a building permit for a lot that lacks legally accepted access. Zoning Regulations Art. V, § 105 requires the lot to abut a dedicated public street, an approved subdivision street with bond posted, or a recorded easement of specified minimum width.
105. No Permit for Buildings on Lots Without Publicly Accepted Access. No building permit shall be issued for a building or use on a lot which does not: (1) Abut on an already constructed, dedicated and publicly accepted municipal or County street or road; or (2) Abut on a street in a subdivision which has received final approval but not yet recorded and for which proper bond has been posted; or (3) Abut on a permanent recorded easement or right-of-way which provides access to a publicly accepted road, provided that one of the following criteria is met: (a) Easements or rights-of-way utilized for access must be at least fifteen (15) feet in width for each lot served, or a minimum width of fifty (50) feet for common easements serving more than three (3) lots; or (b) Easements or rights-of-way which were established and existing prior to October 18, 1978 (Resolution 1078-47) may be acceptable in spite of width if, in the opinion of the Director of Building Inspection, the pre-existing easement as described by deed or other legal instrument will provide safe and adequate access to the property in question at no expense or potential damage to the public welfare. (Resol.115-29, 1/21/15)
Full Breakdown
Article V, § 105 (No Permit for Buildings on Lots Without Publicly Accepted Access) sets three alternative ways a lot can qualify for a building permit: it must abut an already constructed, dedicated and publicly accepted municipal or County street or road; abut a street in a subdivision that has received final approval but is not yet recorded, with proper bond posted; or abut a permanent recorded easement or right-of-way that provides access to a publicly accepted road. For the easement route, § 105(3)(a) sets a minimum width of fifteen feet per lot served, rising to fifty feet for a common easement serving more than three lots.
A grandfather clause at § 105(3)(b), tied to Resolution 1078-47, lets the Director of Building Inspection accept a narrower easement that was established before October 18, 1978, if the pre-existing instrument still provides safe and adequate access without expense or risk to the public; that clause was itself updated by Resolution 115-29 on January 21, 2015. This access requirement sits alongside § 104, which lets up to two principal structures share a single tract if each meets all zoning and subdivision standards independently, and requires a recorded subdivision plat before a permit issues for a third structure; the Director of Building Inspection, Hamilton County Groundwater Protection, or Planning staff can also demand a scaled site plan, at the applicant's expense, when there is doubt about compliance.
Violations & Fines
A building permit issued for a lot that does not meet § 105's access test can be revoked, and construction proceeding without publicly accepted access exposes the owner to a stop-work order and citation from Hamilton County Building Inspection. Disputes over whether an easement or unrecorded subdivision street qualifies can be appealed to the Hamilton County Board of Zoning Appeals.
Frequently Asked Questions
Can I get a building permit for a landlocked parcel in unincorporated Hamilton County?
My only access is a private easement narrower than fifteen feet. Is a permit possible?
Who decides whether my access qualifies for a permit?
Sources & Official References
Other rules in Hamilton County
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