By Tabitha Evans Moore
Editor & Publisher
LYNCHBURG, Tenn. — The Metro Council on Monday approved adoption of the “Jackson Law” — a Tennessee statute that requires local approval before certain landfills can move forward in the state permitting process.
The ordinance allows Moore County to require county-level siting approval for the construction or expansion of solid waste disposal facilities before the Tennessee Department of Environment and Conservation (TDEC) can issue a permit.
According to materials included in the council’s February meeting packet, adoption of the Jackson Law does not replace TDEC’s authority, nor does it regulate landfill operations, technical design, or environmental standards. Instead, it adds an additional layer of local review focused specifically on where a landfill may be located.
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Half of Tennessee counties have adopted the law
The Jackson Law refers to a provision in Tennessee Code Annotated (Title 68, Chapter 211, Part 7) that was enacted by the Tennessee General Assembly in 1989 and took effect on June 2 of that year. It was named informally after its sponsor or early advocate in the legislature, not after a locality or court case — it is the official state law codified in statute.
The law gives counties and municipalities the option to require local approval before a privately-owned landfill can proceed to the state permitting process. Under ordinary permitting rules, a developer submits a landfill permit application to the Tennessee Department of Environment and Conservation (TDEC), and TDEC evaluates technical, environmental and design criteria. The Jackson Law adds a step: if a local government has adopted the law, an applicant must first submit its plans to the county legislative body (and municipal governing body if applicable) for siting approval before TDEC will accept the permit application.
The statute was generally considered a way to help local governments have a voice in where landfills are located, rather than leaving siting decisions solely to state regulators and developers. It requires public notice and hearings at the local level and gives legislative bodies authority to approve, conditionally approve or deny proposed landfill siting before any state action begins.
Soon after the law took effect, at least one county (Scott County) opted into it in 1989 and tried to use it to challenge earlier landfill approvals; that led to litigation and a 1992 Chancery Court ruling about retroactive application.
Over the decades, roughly half of Tennessee’s counties and a handful of cities have adopted the law as part of their local code. Supporters of the law say it preserves local input on where waste facilities may be sited; opponents or critics in the solid waste industry sometimes characterize it as an extra hurdle or delay in the permitting process.
Law requires county approval first
Under the law, a landfill applicant must first submit a siting request to the county. The county must provide public notice, hold a hearing and evaluate potential local impacts, including road and traffic conditions, land-use compatibility and broader community effects. The council may approve, conditionally approve or deny a proposed site.
If local siting approval is denied, TDEC cannot issue a permit for that location.
The law applies prospectively, meaning it affects future landfill proposals rather than previously permitted facilities. It covers municipal solid waste landfills, construction and demolition landfills and certain expansions or relocations of existing disposal sites.
Council members noted that Moore County already has planning and zoning regulations in place, but described the Jackson Law adoption as an added safeguard to ensure local input before any state-level permitting action.
The measure passed without opposition.•
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