Tennessee House Bill HB0293

Tennessee 2025-2026 Regular Session

• Introduced: 1/21/25
• Refer: 2/3/25
• Failed: 2/12/25

Caption

AN ACT to amend Tennessee Code Annotated, Title 5; Title 6; Title 7 and Title 13, relative to zoning.

Impact

If enacted, HB 0293 will significantly impact local zoning laws by preventing any new construction of specified facilities within flood-prone areas. Additionally, it stipulates that any existing facilities previously licensed in such areas cannot be re-licensed for the same purposes once vacated or repurposed. The requirement that functional components of any facility expansions must be constructed above the flood plain level further implies that emergency preparedness and overall safety will be prioritized in municipal planning. Local governments will need to reassess their zoning ordinances to comply with these new standards, which could alter future development plans.

Summary

House Bill 0293, introduced by Representative Clemmons, proposes amendments to the Tennessee Code Annotated, specifically targeting regulations concerning zoning. The essence of this bill is to establish restrictions on the construction and licensing of facilities such as correctional institutions, hospitals, and nursing homes within designated one hundred-year flood plains. This bill seeks to enhance public safety by ensuring that critical public facilities are not located in areas susceptible to flooding, thereby protecting both the institutions and the communities they serve.

Sentiment

The sentiment around HB 0293 appears to be supportive among various public safety advocates and community organizations that emphasize the need to mitigate flood risks in urban planning. The legislation is seen as a proactive approach to address potential disasters and to enhance the resilience of key safety facilities. However, there might be resistance from stakeholders interested in development, who could see this bill as overly restrictive and an encroachment on local decision-making authority regarding zoning and land use. Still, the overarching sentiment highlights a collective desire for effective disaster management.

Contention

Debates may arise over the implications of this bill regarding local autonomy. While many could endorse the bill's intentions to safeguard public safety, others may critique it as an unwarranted limitation on local zoning powers, potentially stifling growth and development in municipalities that might benefit from such facilities. Additionally, opponents might argue that the bill could lead to significant limitations on how local governments manage land use, particularly in areas where flood risks have been historically low but may change due to various environmental factors.