Knowledgebase-Applying City Zoning and Building Code Regulations to County Buildings


Information Product

Title:Applying City Zoning and Building Code Regulations to County Buildings
Summary:MTAS was asked whether the City can apply its zoning and building code regulations, including that requirement that the county obtain a building permit and pay building permit fees, to county buildings.
Original Author:Hemsley, Sid
Co-Author:
Product Create Date:06/24/94
Last Reviewed on::12/19/2016
Subject:Building permits; County government; Building codes; Building codes--Laws and regulations; Public facilities; Intergovernmental relations; Zoning--Laws and regulations
Type:Legal Opinion
Legal Opinion:

Reference Documents: AG opinions available in MOLLY.

Text of Document: June 24, 1994

Your question is, can the City apply its zoning and building code regulations, including that requirement that the county obtain a building permit and pay building permit fees, to county buildings? The answer is no where such buildings are used in the county's governmental capacity.

In support of my opinion, I have enclosed Tennessee Attorney General's Opinion to the Town of Dandridge, dated March 11, 1985 and a letter from the Tennessee Department of Education to the Marion County School Board, dated September 28, 1976. In my opinion, both that opinion and that letter reflect a correct statement of the law.

Note that the Tennessee Attorney General's Opinion applies to county buildings used in a governmental capacity. As I told you on the telephone yesterday, that probably would not cover a spec building built by the county, because such a building is not used in a governmental capacity. In other words, a spec building probably would be required to conform to the city's zoning and building code regulations.

Let me know if I can help you further in this or any other matter.

Sincerely,

Sidney D. Hemsley
Senior Law Consultant
SDH/

Please remember that these legal opinions were written based on the facts of a given city at a certain time. The laws referenced in any opinion may have changed or may not be applicable to your city or circumstances.

Always consult with your city attorney or an MTAS consultant before taking any action based on information contained in this database.