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Applying City Zoning and Building Code Regulations to County Buildings

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Reviewed Date: December 19, 2016

Original Author: 
Hemsley, Sid
Date Created: 
Jun 24, 1994


Subjects:
Building permits
County government
Building codes
Building codes--Laws and regulations
Public facilities
Intergovernmental relations
Zoning--Laws and regulations

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.

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


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