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Municipal Regulations Governing Blasting

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Reviewed Date: May 23, 2017

Original Author: 
Hemsley, Sid
Date of Material: 
Sep 3, 1993


Subjects:
Laws and regulations--State
Municipal ordinances

Municipal Regulations Governing Blasting

Summary: 
MTAS was asked whether Tennessee Code Annotated, ' 68-44-110 et seq. preempts any municipal regulations governing blasting.

Knowledgebase-Municipal Regulations Governing Blasting 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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Information written by MTAS staff was based on the law at the time and/or a specific sets of facts. The laws referenced may have changed and/or the technical advice provided 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 posted to this website.