Tennessee Code Title 7. Consolidated Governments and Local Governmental Functions and Entities § 7-82-709

Current as of January 02, 2024 | Updated by Findlaw Staff

(a) Unless otherwise provided for in this section, when the owner of real property applies for utility service from a utility system for residential or commercial development on the owner's property and the utility has an existing utility line or system immediately adjacent to the real property, the utility system shall not require the owner to construct or pay for the construction of any offsite utility improvements as a condition for service or permit issuance.

(b)(1) If a utility system determines that offsite utility improvements must be constructed to provide the utility service requested and to maintain the utility's current level of service and capacity to serve its existing customers, then the utility system shall require the owner to construct or pay for the construction of such offsite utility improvements.

(2) The utility system may require the owner to upgrade the offsite utility improvements required pursuant to subdivision (b)(1) to increase the utility system's capacity to serve future customers, but only pursuant to a cost-sharing arrangement between the owner and the utility system.

(3) A utility system has sixty (60) days from the date on which a building permit is requested from the local government or state fire marshal to make the determinations in subdivisions (b)(1) and (2).

(c) If the owner and the utility system are unable to agree upon the amount of the cost-sharing arrangement described in subdivision (b)(2), then the owner may request the Tennessee board of utility regulation to determine the cost-sharing amount.

(d) For purposes of this section, “offsite utility improvement” means any utility improvement or utility extension beyond the boundary of the real property being developed by the owner.

Previous Part of Code Next Part of Code

Back to Chapter List

Cite this article: FindLaw.com - Tennessee Code Title 7. Consolidated Governments and Local Governmental Functions and Entities § 7-82-709 - last updated January 02, 2024 | https://codes.findlaw.com/tn/title-7-consolidated-governments-and-local-governmental-functions-and-entities/tn-code-sect-7-82-709/

FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.

Was this helpful?

Welcome to FindLaw's Cases & Codes

A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw’s Learn About the Law.

Go to Learn About the Law

Did FindLaw Help You Understand This Legal Issue?

Make It a Preferred Google Search Source

Add to Google

Latest Blog Posts

Learn About The Law

Get help with your legal needs

FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.

Go to Learn About the Law

Need to Find an Attorney?

Search our directory by legal issue

Enter information in one or both fields (Required)