March 09, 2010

Attorney General Reviews Fees and Regulations for Construction of Schools in Special School Districts

Fees and regulations for construction of schools in special school districts (TN Attorney General Opinion 10-27, March 9, 2010)

The attorney general reviews two questions:
1. Can a city require a special school district to pay building permit and plan review fees for construction and/or renovation of a school located within the city limits?
2. Does a special school district have to conform to planning and zoning regulations of the city for school district-owned property located within the city limits?

He concludes that the answers to both questions depend on the provisions of the private act creating the special school district and the local planning and zoning regulations, because special school districts are created by the Tennessee General Assembly.

Opinion may be found at:
http://www.tba2.org/tba_files/AG/2010/ag_10_27.pdf