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COUNTY PLANNER
Frequent Asked Questions
1) What are the Building Permit requirements for McMinn County_ Building permits are not required for structures built within McMinn County. However, structures built within the city limits of Athens, Englewood and Etowah do require building permits. The property owner is still subject to general private liability lawsuits due to harm caused neighbors or others. Note: That poor craftsmanship by a contractor is not within McMinn County’s regulation responsibility due to no building permit criteria. A subsurface sewage disposal system permit is required by the State Health Department if a septic system is being installed. 2) Can I build a fence between my property and my neighbor_ Yes, but fences need to be erected on your own property. Unless your deed has established your property line to be a pre-existing fence, then you need to ensure the fence is at least one-foot inside your property line. Surveyed property lines are very accurate, generally within a foot for a distance of a mile and a half, so if in question have the line surveyed and marked. Any intrusion onto a neighbor’s property may result in removal at your cost. Note: Whereas McMinn County does have a side easement criteria, requesting that no permanent structure be erected within 10-feet of a side property line, many fences are allowed to get erected within the easement area without concern for their future removal due to utility or road construction. 3) Can the County do anything about my neighbor draining his pond, swimming pool, etc. to my property, run-off sludge that stinks, dog’s barking all night, junk car’s stacked in his yard, etc._ No, generally since McMinn County does not have building permit requirements or zoning then these items are private legal matters that may be addressed through private law suits. If water contamination or erosion of your property is resulting, Tennessee Department of Environment and Conservation may be contacted for personal assistance in mitigating damages. 4) How close to the road can I put my trailer, barn, etc._ Presently the current county road Right-of-Way is concerned to be 50-feet, meaning 25-feet from centerline of pavement to each side. This is public property and not part of a landowner’s property and is reserved for pavement for vehicle use along with any utility pathways. From the 25-feet point the County regulations call for a 35-foot setback along the property facing a county road, 10-feet along the side of the property and 15-feet along the rear of a property. These setbacks are part of a landowner’s property but are margins of safety to protect a landowner’s property from having to be moved or destroyed based on future public development such as road widening or utility line installation. Houses or permanent structures should not be erected in these setback areas since they are at risk for future demolition. 5) How many houses can I put on my property_ Generally, this is controlled by the County Health Officer’s approval of segregation of septic systems and that if trailers it complies with McMinn County’s Mobile Home Park Regulations. 6) When does the McMinn County Regional Planning Commission meet_ The McMinn County Regional Planning Commission meets on the third Thursday of each month at 5:30 PM in the Blue Room of the Courthouse. 7) Is there zoning in McMinn County_ There is no zoning in McMinn County, except for an area around the McMinn County airport and within certain municipalities. 8) When am I required to obtain Planning Commission approval_ You must have the approval of the Planning Commission for a subdivision of land that contains any lot of less than five acres or when a new road or public utilities (water or sewage) is required to serve new lots, no matter the size of lots. 9) When do I have to “go before the Commission”_ Subdivisions of land into one or two lots not requiring a variance can be handled by the county planner as a minor subdivision. They do not require a hearing by the Planning Commission. A subdivision of land into more than two lots, as well as lots that are served by a shared access must have a hearing before the Planning Commission. 10) When does the Planning Commission meet_ The Planning Commission normally meets the third Thursday of each month at 5:30pm in the County Courthouse. Any changes to the meeting time or place are published in a public notice. Those wishing to be placed on the agenda should call the County Planner before the second Thursday of the month. 11) I live in the county not in the city, why does the Athens (or Etowah) Regional Planning Commission have to sign my plat_ Growth boundaries for communities are established by the state, and some areas of their regions lie outside the current city limits. Areas of the county lying in these boundaries are regulated by those planning agencies, not the county’s. 12) What are some basic subdivision rules_ -The most basic rule is access to a county road. The required amount of road frontage is 50 feet in all instances except for some flag lots. Flag lots of one acre or less require only 25 feet of access to a county road. -The lot depth should not be more than four times the lot width. -Property line set backs are 35 feet from the front property line, 10 feet from the side property lines and 15 feet from the rear property line. -Minimum lot size is 20,000 square feet for lots having utility supplied drinking water; 25,000 square feet for those with well water. A flag lot is an interior lot which has access by a strip of land to reach a county road. Flag lots of greater than one acre require 50 feet of road frontage. 14) How many lots can I have on a gravel road_ Only two lots can share an unimproved access. The access must have a minimum 50 feet wide right of way. 15) What is an improved access_ An improved access is one that meets the county’s road standards set by the Commissioner of Highways. Currently they are:
The County Highway Commissioner or County Planner should be consulted for further information concerning road requirements. 16) How do I get a building permit_ The county has no permitting system; therefore a building permit is not required in the county at present. Note: There is currently no zoning in McMinn County. Any land use not regulated by state or federal law is permitted on any lot in McMinn County at this time. Note: The County Environmentalist should also be consulted for the state’s requirements as this can have a great time and monetary effect on the process of the subdivision of land. 17) Answers to commonly asked questions concerning mobile homes: ▪Mobile homes may be placed on any lot in the county, adjoining any other lot as there are no zoning regulations in the county. ▪Mobile homes must meet septic requirements of the state. These regulations are administered by the County Environmentalist. ▪More than four mobile homes placed on five or more acres of land; or two or more mobile homes on less than five acres are considered a mobile home park. A mobile home park must be surveyed for a site plan, meet the county’s mobile home park regulations including having a paved road meeting the county’s road standards. Mobile parks must also meet the state’s septic regulations. These are only the basic explanation of the rules. Complete copies of both the County Subdivision Regulations and the County Mobile Home Park Regulations are available from the County Planner’s office.
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