Attorney General Opinions 
Relating to County Government

2008 Planning & Zoning

• While cities and counties may zone an area for agricultural use, once an area has been so zoned both cities and counties are precluded under T.C.A. § 13-7-114 from regulating clear-cut tree harvesting within that area.  Opinion No. 08-184 (December 11, 2008).

• It is likely that a court would determine that a county, under its police powers, could regulate the operation of a sawmill within its jurisdiction. A county is authorized under it zoning authority to regulate matters such as the size and number of buildings on the property, minimum land size, and setbacks.  A sawmill in which trees are harvested from land other than where the mill is located would probably not be considered to be an agricultural use for zoning purposes by Tennessee courts. Opinion No. 08-145 (September 10, 2008).

• Lots of less than five acres cannot be auctioned before the owner or owners agent has obtained the approval of the regional planning commission for the subdivision plat.  Opinion No. 08-140 (August 19, 2008).