Tennessee Statewide Rule
Tennessee Agricultural Zoning and Land Use Rules
Key Facts
- Zoning/Setbacks
- T.C.A. 13-7-114 exempts farms from county zoning
- Right Farm
- Right to Farm Act adds nuisance protection layer
- Agritourism and
- Agritourism and farm structures protected statewide
- Fees/Costs
- Confined feeding operations subject to special rules
- Zoning/Setbacks
- Local zoning still regulates non-farm commercial uses
Summary
Tennessee limits local zoning interference with bona fide farm operations under T.C.A. 13-7-114 and Right to Farm protections in T.C.A. 43-26-103, preserving rural land use rights.
(a) This part shall not be construed as authorizing the requirement of building permits nor providing for any regulation of the erection, construction, or reconstruction of any building or other structure on lands now devoted to agricultural uses or which may hereafter be used for agricultural purposes, except on agricultural lands adjacent or in proximity to state federal-aid highways, public airports or public parks; provided, that such building or structure is incidental to the agricultural enterprise. Nor shall this chapter be construed as limiting or affecting in any way or controlling the agricultural uses of land.
Full Breakdown
Tennessee law restricts local zoning ordinances from prohibiting or unreasonably restricting agriculture on land used for farm purposes. T.C.A. 13-7-114 exempts bona fide farms from county zoning restrictions on agricultural activities, structures, and land uses. Combined with the Right to Farm Act under T.C.A. 43-26-103, the statutes preserve farmer flexibility to expand crops, build farm structures, and conduct agritourism. Zoning may still regulate non-agricultural commercial uses and ensure setbacks for confined animal feeding operations near residential areas.
Violations & Penalties
Local zoning enforcement against protected farms is invalid, and farmers can seek declaratory and injunctive relief against improper restrictions.
Frequently Asked Questions
Can a Tennessee county zone out farming activity?
Are agritourism barns and stands protected by zoning law?
Sources
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