County Powers Act resolution

The following is the full text of the County Powers Act resolution, which will be voted on by the full county commission April 21, 2025:

A RESOLUTION TO AUTHORIZE THE EXERCISE BY THE COUNTY OF CERTAIN POWERS GRANTED TO MUNICIPALITIES UNDER T.C.A. § 6-2-201(22) AND (23) WITH RESPECT TO THE REGULATION OF NUISANCES AND OTHER PRACTICES DETRIMENTAL TO THE INHABITANTS OF THE COUNTY

WHEREAS, the General Assembly, in passing Chapter 627 of the Public Acts of 2002 and Chapter 57 of the Public Acts of 2003, amended T.C.A. § 5-1-118 to expand the ability of counties to exercise certain municipal powers in relation to the regulation of nuisances and other practices detrimental to the inhabitants of the county as outlined in T.C.A. § 6-2-201(22) and (23); and,

WHEREAS, the Board of County Commissioners of Warren County has determined that it would be beneficial to the inhabitants of the county for Warren County to adopt these regulatory authorities for the purposes of regulations of a rock quarry or rock crushing or mining;

WHEREAS, nothing in this shall be construed as granting Warren County the power prohibit or regular normal agricultural activities. According to TCA Code 5-1-118 section B.

WHEREAS, T.C.A. § 5-1-118(c) requires that any county desiring to exercise these powers must adopt a resolution by two-thirds vote of its legislative body in order to do so and must subsequently adopt any such regulations also by a two-thirds majority;

NOW, THEREFORE BE IT RESOLVED, by the Board of County Commissioners of Warren County, Tennessee, meeting in regular session on this 21st day of April , 2025 at Warren Tennessee, that;

SECTION 1.  Pursuant to the directives of T.C.A. § 5-1-118(c), the Board of County Commissioners of Warren County, Tennessee hereby expresses its intent that the county be authorized to exercise those powers granted to municipalities under T.C.A. § 6-2-201(22) and (23).  Such powers are described by law as the ability to:

Define, prohibit, abate, suppress, prevent and regulate all acts, practices, conduct, businesses, occupations, callings, trades, uses of property and all other things whatsoever detrimental, or liable to be detrimental, to the health, morals, comfort, safety, convenience or welfare of the inhabitants of the municipality, and exercise general police powers; and

Prescribe limits within which business occupations and practices liable to be nuisances or detrimental to the health, morals, security or general welfare of the people may lawfully be established, conducted or maintained.

SECTION 2.  The exercise of such powers by Warren County shall be in accordance with all limitations provided in T.C.A. § 5-1-118.  Such authority shall only be exercised in the unincorporated areas of the county.  Such authority shall not apply to those activities, businesses or uses of property and business occupations and practices which are exempted from regulation by T.C.A. § 5-1-118(c)(2). 

SECTION 3.  Furthermore, the Board of County Commissioners of Warren County recognizes that all court decisions and statutory laws relating to variances and non-conforming uses which are applicable to zoning ordinances and land use controls shall also apply to the enforcement and exercise of the powers granted by T.C.A. § 5-1-118(c).  Further, the Board of County Commissioners recognizes that the enforcement and exercise of these powers by the county is limited by the provisions of the Constitution of the State of Tennessee and the United States Constitution.

SECTION 4.  Subsequent to the effective date of this resolution, the county is hereafter authorized to adopt regulations in accordance with the authority granted under T.C.A. § 5-1-118(c).  In order to be effective, such regulations shall also be passed by a two-thirds majority of the Board of County Commissioners of Warren County.

SECTION 5.  This Resolution shall be effective upon its passage and approval, the public welfare requiring it. 

Summary: This resolution allows Warren County, Tennessee, to adopt certain powers typically held by cities in order to better regulate activities like rock quarries, rock crushing, and mining in unincorporated parts of the county. Under Tennessee law (T.C.A. § 5-1-118 and § 6-2-201), counties can take on these powers if approved by a two-thirds vote of the county commission. The resolution clarifies that Warren County is not trying to regulate or interfere with normal farming or agricultural operations, which are protected by state law. Instead, it focuses on giving the county the legal authority to address practices and businesses that could harm the health, safety, or general welfare of its residents—particularly in areas outside city limits where such regulation is more limited. The resolution also makes clear that any future regulations created under this authority must also pass by a two-thirds vote and must follow state and federal constitutional protections. This step helps ensure that Warren County can respond to local concerns about the impacts of quarry and mining operations, while still respecting property rights and existing legal protections. It becomes effective immediately upon passage and is intended to serve the public welfare of Warren County citizens.