Knowledgebase-Municipal Regulations Governing Blasting


Information Product

Title:Municipal Regulations Governing Blasting
Summary:MTAS was asked whether Tennessee Code Annotated, 68-44-110 et seq. preempts any municipal regulations governing blasting.
Original Author:Hemsley, Sid
Co-Author:
Product Create Date:09/03/93
Last Reviewed on::05/23/2017
Subject:Laws and regulations--State; Municipal ordinances
Type:Legal Opinion
Legal Opinion:

Reference Documents:

Text of Document: September 3, 1993

Your question is whether Tennessee Code Annotated, 68-44-110 et seq. preempts any municipal regulations governing blasting. Tennessee Code Annotated, expressly says that it does. A few municipalities in Tennessee have obsolete blasting regulations, but they are not enforceable; I can see no way around the preemption provision of the above statute. In fact, as I understand it, a hodge podge of county and municipal blasting standards, most not very exacting, was the reason for the enactment of that statute.

Arguably, if the city by ordinance has designated misdemeanors of the state as municipal ordinance violations, it could prosecute violations of Tennessee Code Annotated, 68-44-1110 et seq. in municipal court. Unfortunately such a course probably does the city little, if any, good. The blasting standards applicable to such violations would be those set out in the above statute.

If I can help you further in this or any other matter, please let me know.

Sincerely,

Sidney D. Hemsley
Senior Law Consultant
SDH/

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