§ 13-3-402 — Regional planning commission platting authority - Recording plat by county register - Variances

Tennessee § 13-3-402

• Jurisdiction: Tennessee
• Title: 13

Text

(a) (1) From and after the time when the regional planning commission of any region, as defined and created by the department of economic and community development, has adopted a regional plan which includes at least a major road plan or has progressed in its planning to the state of the making and adoption of a major road plan, and has filed a certified copy of such major road plan in the office or offices of the county register or registers of the county or counties lying in whole or in part in such region, then no plat of a subdivision of land within such region, other than land located within the boundaries of any municipal corporation, shall be filed for record or recorded until it has been approved by such regional planning commission or the staff of the regional planning commission if this responsibility has been delegated to the staff by the regional planning commission as provided in subsection (c), and such approval endorsed in writing on the plat by the secretary of the commission or by another designee of the regional planning commission; provided, that if the plat of subdivision divides the tract into no more than twenty-five (25) lots if the development received preliminary plan approval through the regional planning commission, or five (5) lots if the development did not require preliminary plan approval through the regional planning commission, the approval may be endorsed in writing on the plat by the secretary of the commission or by another designee of the regional planning commission without the approval of the regional planning commission, and upon certification by the regional planning commission, or by the planning staff of the regional planning commission if the commission has delegated this responsibility to its planning staff pursuant to subsection (c), that the subdivision complies with such regulations governing a subdivision of land as have been adopted by the regional planning commission pursuant to § 13-3-403 ; provided further, that no request for variance from such regulations has been requested. (2) No plat shall be submitted to or approved by the regional planning commission or the staff of the regional planning commission if this responsibility has been delegated to the staff by the regional planning commission as provided in subsection (c) unless it is submitted by the owner of the property to be subdivided by the plat, or a governmental entity. "Owner," for purposes of this section, means the legal or beneficial owner or owners of all the land proposed to be included in the proposed subdivision, or the holder of a written option or contract to purchase the land, or the attorney or authorized representative of any of the aforementioned. (b) A county register shall not receive, file, or record a plat of a subdivision, or an amendment, modification, or correction to a recorded plat of a subdivision, without the approval of the regional planning commission, or the planning staff of the regional planning commission if this responsibility has been delegated to the planning staff pursuant to subsection (c), when and as required by this part. Each such plat so filed shall include the most recent recorded deed book number and page number for each deed constituting part of the property being platted. Notwithstanding this subsection (b), an easement or survey attached to an easement granted to the state, a county, municipality, metropolitan government, or entity of the state, county, municipality or metropolitan government, shall not constitute an amendment, modification, or correction of a recorded plat of a subdivision. (c) (1) A regional planning commission may delegate the responsibility for approval of a subdivision plat to the staff of the regional planning commission by a majority vote of the regional planning commission that is taken in a public meeting after being placed on the regional planning commission's meeting agenda and notice being provided as required for other matters before the regional planning commission. (2) A regional planning commission may only delegate the responsibility for approval of a subdivision plat that includes: (A) No more than twenty-five (25) lots and only if the development received preliminary plan approval through the regional planning commission; or (B) No more than five (5) lots if the development did not require preliminary plan approval through the regional planning commission; provided, that: (i) The subdivision complies with such regulations governing a subdivision of land as adopted by the regional planning commission pursuant to § 13-3-403 ; (ii) No request for a variance from such regulations has been requested; and (iii) A division of land requiring new road or utility construction is not approved by the planning staff under this subsection (c) unless the plan received preliminary approval by the regional planning commission. (3) A regional planning commission shall not delegate to its planning staff the authority to preliminarily approve, finalize approval of, or certify a subdivision plat, regardless of the number of lots proposed for the subdivision plan, consistent with the parameters of this section, unless each county and municipal legislative body, lying in whole or in part within, and subject to, the jurisdiction of the regional planning commission, approves such delegation by a majority vote of their respective legislative bodies. (d) A regional planning commission may grant variances to subdivision regulations, if such variances are adopted at a public meeting of the commission.

Legislative History

Amended by 2022 Tenn. Acts, ch. 994, Secs.s1, s2, s3 eff. 5/4/2022. Amended by 2018 Tenn. Acts, ch. 1000, Secs.s 2, s 3, s 4 eff. 5/21/2018. Acts 1935, ch. 35, § 1; C. Supp. 1950, § 3493.10; impl. am. Acts 1972, ch. 542, § 15; Acts 1976, ch. 803, § 1; 1977, ch. 267, § 1; T.C.A. (orig. ed.), § 13-302; Acts 1981, ch. 73, § 1; 1988, ch. 554, § 1; 1989, ch. 591, §§ 1, 6; 2004, ch. 576, § 2; 2006, ch. 547, § 1; 2006, ch. 644, §§ 1, 3, 5.