On Thursday, County Executive Terry Bell broke the news on the WBMC 97.7 FM Roundtable that he had sent out a potential amended version of the County Powers Act, which will be voted on by the full county commission Monday, April 21.

The Main Street Journal received a copy of the revised version, which Bell noted any amended version would have to accepted by the commission before the vote Monday if it was to apply. If it county commission does not accept the amended version, a vote will carry on with the original resolution presented.

Here is a link (in front of the paywall) of the originial County Powers Action Resolution.

The following is the potential amended version Bell presented Thursday to commissioners. Major changes are noted in BOLD and parts removed are noted with a strikethrough.

A RESOLUTION AUTHORIZING WARREN COUNTY TO EXERCISE 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 rock quarries, rock crushing and 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.  That nothing in this resolution shall grant unto the County any regulatory authority and general police power other than to regulate rock quarries, rock crushing and mining.

SECTION 3. That any future attempt to regulate any industry other than rock quarries, rock crushing and mining shall only be permissible by the supermajority passage of a new and independent county powers act resolution specific to the regulations sought therein.

SECTION 4. 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 5.  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 6.  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 7.  This Resolution shall be effective upon its passage and approval, the public welfare requiring it. 

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