Status of the Growth Plans

It has been almost five (5) years since the passage of PC 1101, and there has been considerable progress made across the state by local county and municipal governments, concerned citizens, professional planners, and other government agencies. The combined efforts of these actors has resulted in a highly successful move towards full implementation of this landmark legislation across the state. At the start of the sanctions deadline, July 1, 2001, 89 of the 92 (97%) counties required by statute to develop growth plans had already done so. Three Tennessee counties with consolidated governments; Davidson, Moore and Trousdale Counties, are exempt from the growth plan requirement. As of June 30, 2003, 92 counties (or 99%) of the 93 counties required to develop growth plans have received approval of ratified plans by the Local Government Planning Advisory Committee (LGPAC). A complete listing of all 95 Tennessee counties with approval dates and other information pertaining to their growth plans can be found by clicking here.

Recent Activities
At the start of 2003, there were only two (2) counties in Tennessee required by statute to develop growth plans that had still not done so, Fayette and Polk Counties. In January 2003, Polk County had its growth plan approved by the LGPAC, leaving only Fayette County without an approved growth plan as of June 2003.

Fayette County and its municipal governments are still engaged in the arbitration process administered through the Secretary of State’s office. This process has been ongoing for almost two (2) years. The primary points of disagreement are between the City of Piperton and the county government. Fayette County has been challenging the size of Piperton’s UGB claiming that it is too large based on historical and projected growth trends. Meanwhile, Piperton is challenging Fayette County’s designation of almost all of the unincorporated portions of the county as PGA, with certain exceptions. In addition, the Town of Hickory With, one of the original “tiny towns”, has had it’s incorporation invalidated [Town of Huntsville v. Duncan, 15 S.W.3d 468 (Tenn.Ct. App. 1999)] providing an additional layer of complexity. There is an appeal of this case pending. Unless an agreement is reached between Fayette County and it’s municipalities, a growth plan is likely to be imposed upon it by the administrative law judge panel handling the arbitration process.