The University of Tennessee, Knoxville

Tennessee County Municipal Advisory Service

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Termination of Vesting Rights

Reference Number: MTAS-1995
Tennessee Code Annotated
Reviewed Date: July 25, 2016
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During the vesting period, the locally adopted development standards which are in effect on the date of approval of a preliminary development plan or the issuance of a building permit, whichever applies, remain the development standards applicable to the property described in such preliminary development plan or permit, except such vested property rights terminate upon a written determination by the city under the following circumstances:

  • When the applicant violates the terms and conditions specified in the approved development plan or building permit; provided, the applicant is given ninety (90) days from the date of notification to cure the violation; provided further, that the city may, upon a determination that such is in the best interest of the community, grant, in writing, an additional time period to cure the violation;
  • When the applicant violates any of the terms and conditions specified in the local ordinance or resolution; provided, the applicant is given 90 days from the date of notification to cure the violation; provided further, that the city may, upon a determination that such is in the best interest of the community, grant, in writing, an additional time period to cure the violation;
  • Upon a finding by the city that the applicant intentionally supplied inaccurate information or knowingly made misrepresentations material to the issuance of a building permit or the approval of a development plan or intentionally and knowingly did not construct the development in accordance with the issued building permit or the approved development plan or an approved amendment for the building permit or the development plan; or
  • Upon the enactment or promulgation of a state or federal law, regulation, rule, policy, corrective action or other governance, regardless of nomenclature, that is required to be enforced by the city and that precludes development as contemplated in the approved development plan or building permit, unless modifications to the development plan or building permit can be made by the applicant, within 90 days of notification of the new requirement, which will allow the applicant to comply with the new requirement.

A city may allow a property right to remain vested despite such a determined occurrence when a written determination is made that such continuation is in the best interest of the community by the city. T.C.A. § 13-3-413(f)(1) and (2); T.C.A. § 13-4-310(f)(1) and (2).

Responsible: