Original Author: Hemsley, Sid
Date of Material: 06/24/1994
Building codes--Laws and regulations
Zoning--Laws and regulations
Reviewed Date: 05/07/2021
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.
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.
Sidney D. Hemsley
Senior Law Consultant