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Original Author: Hemsley, Sid
Date of Material: 09/03/1993

Subjects(s):
Laws and regulations--State
Municipal ordinances

Municipal Regulations Governing Blasting

Reviewed Date: 06/25/2021
Summary:
MTAS was asked whether Tennessee Code Annotated, ' 68-44-110 et seq. preempts any municipal regulations governing blasting.


September 3, 1993

Your question is whether Tennessee Code Annotated§ 68-105-101 et seq. (formerly Tennessee Code Annotated, § 68-44-101 et seq.) preempts any municipal regulations governing blasting. Tennessee Code Annotated, § 68-105-110 (formerly Tennessee Code Annotated, § 68-44-110) 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.

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

Sincerely,

Sidney D. Hemsley
Senior Law Consultant
SDH/