Wilson’s growth is a constant conversation. I think we can all agree, it is a great place to live, and more and more people are discovering our county and want in on the good life we have here. However, when growth happens quickly, it does create growing pains, and the need for more schools, emergency services, and more.
Residential Growth in Cities vs the County
Housing growth has been predominantly inside the cities of Lebanon and Mt Juliet. Below is a chart prepared by our county Director of Developmental Services, Tom Brashear. The numbers are based on residential adequate facilities payments made county wide (including within city limits). AFT is paid at the time a building permit is issued in the county and within 30 days of building inside the cities. If the building permit is not applied for within 30 days, the applicant has to repay AFT, so the payment is not made until they are ready to start construction.
It is also important to remember, that AFT is paid on every residential unit (homes, apartments, condos, townhomes, duplexes, etc.) , so the numbers reflected below do take into account not only each house built, but also each individual apartment.
As you can see, 84.4% of new residences have been approved by Lebanon and Mt Juliet, and as mentioned above the county has no say in a city’s approval of developments.
County vs City Developments in Wilson County
Cities control the zoning and land use inside city limits, while the county controls zoning outside the cities. Cities provide police, fire, roads, sewer, water, and other services to those living inside the city limits. The county provides similar services to those that live in the county.
However, the county provides education services (schools) and ambulance service to both city and county residents. When a development is approved inside city limits, it falls to the county to add capacity in schools and for ambulances. Even though the county has a financial burden from new city developments, the county does not have a say in a city’s approval of developments.
The cities and the county do try to work together. Diane Weathers, District 16 County Commissioner, is on both the Wilson County Planning Commission and represents the county on the Mt Juliet City Planning Commission.
Can the County (or Cities) stop growth?
This is a question I hear on a regular basis, and the simple answer is no – as long as the zoning requirements are met, local governments do not have the authority to control the use of private property. It is even in the Tennessee state Constitution:
A “taking” of property does not require that the government actually take possession of a person’s property, but includes restrictions that prevent a property owner from developing or using his or her land. The Fifth Amendment to the United States Constitution also prohibits the taking of one’s property without just compensation. These constitutional provisions form the basis of our eminent domain laws.
Tenn. Const. Art. I Sec. 21
One of the biggest concerns about adding a subdivision is the additional students that the school system must find space for at local schools. MTAS (Municipal Technical Assistance Services) was asked if a city could restrict development of private property until a new school site is chosen.
Again, the short answer is no.
Melissa Ashburn, a legal consultant for MTAS, provides guidance and case law:
Both the State and federal constitutions protect property owners’ rights, and prohibit governments from placing restrictions on a person’s private property which prevent the owner from developing or otherwise using the property for the purpose intended at the time of purchase. Zoning powers granted to local governments form the one exception to this rule, and is the only manner through which a city may regulate the development and use of private property. Draper v. Haynes, 567 S.W.2d 462 (Tenn. 1978).
The Tennessee Courts have stated:
Local governments lack inherent power to control the use of private property within their boundaries. Their power derives from the State through specific delegation by the General Assembly. [zoning statutes]… Thus, local governments must exercise their delegated power consistently with the delegation statutes from which they derive.
421 Corporation v. Metropolitan Government of Nashville and Davidson County, 36 S.W.2d 469, 475 (Tenn. App. 2000). The statute which permits Tennessee cities to place restrictions on private property by enacting zoning ordinances, T.C.A. §§ 13-7-201 through 306, allows city governments to restrict development by regulating many aspects including the height, location, bulk and size of buildings, as well as the purposes for which such structures may be used. It does not, however, permit cities to prohibit development of land out right, unless there is a public health reason such as flooding. Cities simply do not have the power to prohibit all development of land under the statutes for reasons that the site may be desired for the construction of a public building or public works in the future.
Based on constitutional rights of property owners, and cases interpreting those rights, the City does not have the power to prohibit the development of private property, so as to reserve such property for the future construction of a school building.
You can read the full answer from MTAS here: https://www.mtas.tennessee.edu/knowledgebase/prohibiting-development-private-property
What Can be Done?
Wilson County will continue to be a destination for residents moving to Tennessee, so growth will be an ongoing conversation. I will continue to support building schools to house new students and build and staff additional WEMA stations to provide emergency services, using the new tax revenue generated by new residents to fund as much of the new infrastructure as possible.