New state law broadened the airport's power over Nashville's land use. Here's how.

A state law enacted this year gives the Metro Nashville Airport Authority significantly broader power over zoning in much of Davidson County, and allows the state's top leaders to appoint the majority of the board's members.

Metro sued the state in June, asking a panel of three Tennessee judges to rule the law unconstitutional because it usurps local authority over an airport authority in Davidson County alone. The panel heard final arguments from Metro, the state and MNAA's attorney earlier this month and is expected to issue a decision in the coming weeks.

The airport authority oversees business at the Nashville International and John C. Tune airports, and says final permitting authority remains with the county.

How much power does the state have over land use in Nashville under the new law? Here's what to know.

What parts of Davidson County does airport authority power now cover?

The new statute, signed into law by Gov. Bill Lee in May, allows certain airport authorities the power to "regulate aircraft hazards, compatible land use, or other factors impacting the safe and efficient operation of the airport by submitting a map to the county ... that requires the review and approval, conditional approval or denial of building permits within the designated boundaries."

The law applies only in counties with a metropolitan government and a population of more than 500,000 — in other words, currently, only Metro Nashville.

MNAA Executive Vice President and Chief Operating Officer Robert L. Ramsey submitted a new map to Metro on June 28. The map's boundaries cover the majority of Davidson County and encompass its most populated areas, including Downtown Nashville, stretching from Davidson County's east border with Mount Juliet nearly to its west border. Areas including Goodlettsville, Oak Hill and Forest Hills along with the southwest corner of Nashville are left out.

The new map, first reported by The Tennessee Journal, went into effect on July 1.

In 1997, ordinances added to Metro Code created an Airport Overlay District allowing "specific height controls" according to maps maintained by the MNAA. The code gave those MNAA maps precedence over general zoning maps.

The new powers are more expansive in form and function: they can pertain to more than just height limits, and the new map covers significantly more land.

The MNAA's previous reach covered a keyhole-shaped tract of land tailored to Davidson County's eastern half, stretching from Old Hickory on the county's northern border to a sliver of South Nashville bounded by Tusculum and Antioch. A wider boundary in the center surrounded the airport itself, from Woodbine to Percy Priest Lake.

What is the airport authority's view? No 'veto power over development'

In a statement to The Tennessean on Monday, the MNAA said the law "does not grant airport authorities veto power over development," leaving final permitting authority with the county.

Federal Aviation Administration Grant Assurances require airports to "take appropriate action to assure terminal airspace is adequately cleared and protected, prevent the creation of future airport hazards" and restrict adjacent land use so it is compatible with airport operations.

The MNAA and its board began studying the creation of a larger permit boundary in January 2021 "for airport hazards to be considered when reviewing building permits consistent with growth in our area and the increased air traffic related to the Nashville International Airport and John C. Tune Airport."

"This provision of the law enacted by the General Assembly provides a more efficient process for regulating airport hazards by allowing applicable metropolitan airport authorities to submit a map to the relevant counties designating the area in which those counties should review building permits for height, compatible land use, and other safety issues in order to ensure the safe operation of aircraft approaching or departing airports for the protection of those in the air and on the ground," the statement reads.

How much power does the airport authority now wield over Metro zoning?

The new law gives the airport authority "incredible power," Davidson County Chancery Court Judge Anne C. Martin, a member of the 3-judge panel, said during a recent hearing. "It takes Metro out of the equation and gives them the ability to do things they can't currently do."

The law isn't clear on any limits to the airport authority's power over zoning and permits, and does not contain any provisions allowing Metro to approve, contest or change the map's boundaries. It's not clear how the new boundaries were determined by the airport authority, or what the authority's internal approval process looked like.

A letter submitted along with the new map in June offered no explanation for the expanded permit boundary.

Metro Legal Director Wallace Dietz said the new law "purports to provide the state-appointed MNAA with extraordinary powers over permitting and zoning in Metropolitan Nashville" and only Metro Nashville, as it stands. As the three-judge panel considers the lawsuit, Metro is "trying to assess what the state appointed MNAA’s intentions are," Dietz said.

The MNAA Board is scheduled to meet Wednesday morning.

Senior Deputy Attorney General J.P. Urban argued it's within the state's authority to give the airport authority additional planning and zoning powers, including the ability to seek eminent domain, "to give them the tools that they need … to make sure they have continued success."

George Cate, attorney for the MNAA, said while the new law makes Metro share some power with the airport authority, giving eminent domain power as an example, that "did not take away Metro's power to obtain and convey land by eminent domain."

"All that's happening here is that the authority is being given a chance as the expert on what areas might constitute an airport hazard to develop the map and supply that to the Metro government, that then uses the map to determine … whether to grant a permit," Cate said.

What else does the new law do?

The new law vacated the existing MNAA board, which was appointed by the Metro Nashville mayor and approved by Metro Council.

The new board consists of six members appointed by top state officials and two appointed by Nashville's mayor. Metro Council no longer has approval authority.

Six state-appointed members were seated on June 30:

• Downtown Nashville high-rise developer Tony Giarratana (appointed by Gov. Bill Lee)

• Tennessee Economic and Community Development Commissioner Stuart McWhorter (appointed by Lee)

• Senate Majority Leader Jack Johnson, R-Franklin (appointed by Lt. Gov. Randy McNally, R-Oak Ridge)

• Sitting board member Jimmy Granbery, chairman and CEO of HG Hill Realty Co. (appointed by McNally)

• Womble Bond Dickinson global business attorney Masami Tyson (appointed by House Speaker Cameron Sexton, R-Crossville)

• Longtime board member Bobby Joslin, a Nashville businessman and pilot (appointed by Sexton)

Former Nashville Mayor John Cooper did not appoint his two seats on the board, and his successor Mayor Freddie O'Connell has not yet made appointments to the seats.

Airport Authority Permit Boundary letter to Metro by USA TODAY Network on Scribd

This article originally appeared on Nashville Tennessean: Nashville airport authority board: New law broadened land use power