Jackson, TN Right to Farm: Farm Nuisance Protection (2026)
Key Facts
- Exempt from
- grading permit (§ 14-502)
- Governing chapter
- Title 14, Ch. 5 (Erosion/Stormwater)
- Definition source
- Tennessee Right to Farm Act
- Appeal deadline
- 30 days to environmental board
- Unpermitted grading penalty
- $50-$5,000 per day
Summary
In the City of Jackson, Tennessee, a qualifying farm operation is exempt from the grading permit the city otherwise requires before land can be cleared, graded or disturbed. City Code § 14-503 excuses any "farm operation" as defined in the Tennessee Right to Farm Act from the § 14-502 permit and fee the city engineer collects from every other developer.
Except as exempted in § 14-503 of this chapter, whenever development will involve any clearing, grading, any form of land disturbance caused by movement of earth or increase in stormwater runoff due to the decrease of soil permeability, no land shall be disturbed within the City of Jackson unless a grading permit therefor has been issued by the city engineer. ... No grading permit shall be required for any "farm operation" as defined in the "Tennessee Right to Farm Act."
Full Breakdown
Title 14, Chapter 5 of the Jackson Municipal Code (Erosion and Stormwater Control) requires a grading permit from the city engineer before any clearing, grading or land disturbance that increases stormwater runoff, with a fee set by the environmental advisory/appeals board under § 14-502. Section 14-503 carves out a single exemption: no grading permit is required for a "farm operation" as defined in the Tennessee Right to Farm Act, and the code's own state-law reference points to Tennessee Code Annotated § 43-26-101 et seq. as the source of that definition.
For everyone outside that exemption, § 14-504 has the city engineer draft grading rules that must go to the Jackson-Madison County Regional Planning Commission for approval, § 14-505 lets an aggrieved applicant appeal a permit denial or revocation to the environmental advisory/appeals board within 30 days, and § 14-506 lets that same board grant variances when strict enforcement would work a manifest injustice. The exemption is narrow: it removes farm operations from the city's grading-permit process under this chapter only, and does not touch separate building, zoning or stormwater-discharge requirements found elsewhere in the code.
Violations & Fines
A non-exempt landowner who grades without a permit faces a doubled permit fee under § 14-507, plus a civil penalty of not less than $50.00 nor more than $5,000.00 per day the violation continues, each day counting as a separate offense. The city can also recover $450.00 per day or its actual damages, costs and attorney's fees, and may sue to enjoin continuing grading.
Frequently Asked Questions
Does a Jackson farm need a grading permit to clear land?
Who enforces Jackson's grading permit rules?
What happens if a non-exempt developer grades without a permit?
Can the grading permit exemption be appealed or challenged?
Sources & Official References
Other rules in Jackson
Compare Jackson to another location·View the Tennessee right to farm overview
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