Tennessee Senate Bill SB0340

Tennessee 2025-2026 Regular Session

• Introduced: 1/28/25

Caption

AN ACT to amend Tennessee Code Annotated, Title 13, Chapter 7, Part 4, relative to historic commissions.

Summary

SB0340 amends Tennessee’s historic zoning laws to create a new exemption for certain privately owned properties built after 1899 that are located in whole or in part within a tourism development zone. For those properties, historic zoning commissions and historic zoning rules would not apply to projects involving lighting, televisions, monitors, signs, speakers, electronic devices or equipment, weatherization items such as seasonal canopies, heaters, or tents, and other non-historic aspects of a building or improvement that were not historic in nature when the project began. The bill also removes the need for a property owner to apply to a historic zoning commission when the project falls within the exemption. If a commission disputes the exemption, the owner may submit a good-faith affidavit and a licensed architect’s opinion; once submitted, the commission loses authority over the project, and the architect’s opinion is given a presumption of correctness unless overcome by clear and convincing evidence. The bill further provides that local fire marshals or similar officials may override a historic commission decision when life-safety issues involving doors, windows, ingress, or egress are involved. The act takes effect immediately upon becoming law.

Impact

This bill narrows the reach of Tennessee historic preservation controls in tourism development zones by limiting when historic zoning commissions can review or stop projects on privately owned properties built after 1899. It affects Tennessee Code Annotated, Title 13, Chapter 7, Part 4, and shifts authority away from local historic commissions toward property owners, licensed architects, and fire or safety officials in the specified circumstances.

Sentiment

No committee transcripts or recorded votes were provided, so there is no direct evidence of debate or formal support/opposition in the available record. Based on the text alone, the bill appears designed to reduce regulatory barriers for development and operations in tourism areas, suggesting a pro-development orientation, while still preserving some oversight for life-safety concerns.

Contention

The likely point of contention is the reduction of historic commission authority over privately owned properties in tourism development zones, especially where local preservation interests may favor broader review of alterations to buildings in historic areas. Supporters would likely emphasize flexibility for property owners, tourism-related businesses, and safety-related upgrades, while opponents may argue the bill weakens historic preservation protections and limits local control. The presumption in favor of a licensed architect’s opinion and the clear-and-convincing-evidence standard may also be controversial because they make it harder for commissions to challenge claimed exemptions.