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Exempted Activities

The law also exempts certain businesses and practices from regulation.  The powers conferred upon counties by T.C.A. § 5-1-118(c) do not apply to the following activities, which are regulated under other provisions of general law:

  • Sale of beer and alcoholic beverages;
  • Wholesale of beer;
  • Surface mining; production of oil and gas;
  • Activities covered by environmental protection laws and regulations dealing with air pollution, atomic energy, solid waste disposal and management, landfills, hazardous waste management, petroleum underground storage, oil spill cleanup, dry cleaning, water, wastewater and sewerage;
  • Water management;
  • Wells; and
  • Dams.  

Additionally, T.C.A. § 5-1-118(b) provides that counties may not use these powers to prohibit or regulate normal agricultural activities.