2010 Tennessee Code
Title 58 - Military Affairs, Emergencies and Civil Defense
Chapter 2 - Disasters, Emergencies and Civil Defense
Part 1 - General Emergency Provisions
58-2-116 - Emergency management.

58-2-116. Emergency management.

(a)  In addition to prevention measures included in the state and local comprehensive emergency management plans, the governor shall consider, on a continuing basis, steps that could be taken to mitigate the harmful consequences of emergencies. At the governor's direction, state agencies, including, but not limited to, those charged with responsibilities in connection with flood plain management, stream encroachment and flow regulation, weather modification, fire prevention and control, air quality, public works, land use and land use planning, and construction standards, shall make studies of emergency mitigation-related matters. The governor, from time to time, shall make such recommendations to the general assembly, local governments, and other appropriate public and private entities as may facilitate measures for mitigation of the harmful consequences of emergencies.

(b)  The appropriate state departments or agencies, in conjunction with TEMA, shall continually study the plans, uses and construction of structures and other facilities and identify areas which are particularly susceptible to severe land shifting, subsidence, flood, or other catastrophic occurrence, manmade or natural. The studies under this subsection shall concentrate on means of reducing or avoiding the dangers caused by these occurrences or the consequences thereof.

(c)  If TEMA believes, on the basis of the studies or other competent evidence, that:

     (1)  An area is susceptible to an emergency of catastrophic proportions without adequate warning;

     (2)  Existing building standards and land use controls in that area are inadequate and could add substantially to the magnitude of the emergency; and

     (3)  Changes in zoning regulations, other land use regulations, or building requirements are essential in order to further the purposes of this section, the agency shall specify the essential changes to the governor. If the governor, upon review of the recommendation, finds, after public hearing that changes are essential, the governor shall so recommend to the agencies or political subdivision with jurisdiction over the area and subject matter. If no action, or insufficient action, pursuant to the governor's recommendations is taken within the time specified by the governor, the governor shall so inform the general assembly and request legislative action appropriate to mitigate the impact of such an emergency.

[Acts 2000, ch. 946, § 1.]