'Jackson Law' puts landfill decisions in local hands

11:04 a.m. Feb. 14, 2026

'Jackson Law' puts landfill decisions in local hands

The Tennessee Department of Environment & Conservation lists 148 Class I, II, III, and IV landfills operating in the state.

DUANE CROSS
MCO Publisher•Editor

Tennessee’s “Jackson Law” is an agenda topic for the Metro Council meeting at 6:30 p.m. Monday, Feb. 16, at the American Legion building, 119 Booneville Hwy., Lynchburg, as county leaders look to get ahead of any potential large-scale land-acquisition projects that could pave the way for landfill development.

Officials are also slated to discuss a proposed AI data center moratorium – a topic the Observer detailed in January – signaling a broader effort to address fast-moving industrial and technology-related land uses before formal proposals reach the community.

Across Tennessee, the little-known law is changing where and how new landfills can be built. Instead of decisions being made in Nashville, local governments now have the final say.

The Jackson Law (T.C.A. § 68-211-701) lets counties and cities require local approval before new or expanded solid-waste landfills can be built. The law is optional; communities must first adopt it, typically by a two-thirds vote of their legislative body, before it takes effect.

The Jackson Law

Local Control Over Landfill Placement

After a community adopts the Jackson Law, local officials gain more control over landfill decisions. Instead of relying solely on state permits, counties and cities can review proposed landfill projects using their own criteria before any development begins.

If a landfill is proposed in an unincorporated area, the county legislative body must approve it.
If the landfill site is within city limits, both the city and the county must approve it. This dual-review process is meant to give the community more input.

The law mainly covers private landfills and solid-waste processing facilities. However, it usually does not apply to operations that only take waste from the owner within the same county.

Landfills in Tennessee

Public Notice and Hearings Required

The Jackson Law also adds steps to protect the public in the approval process. Before any vote, local governments must give public notice and hold public hearings. This lets residents share their concerns about the environment, traffic, and quality of life related to landfill development.

Supporters say the transparency requirement ensures landfill decisions reflect community priorities rather than solely regulatory compliance.

Adoption Varies by Community

Because the statute is not mandatory statewide, its impact varies by county. Many Tennessee communities have chosen to adopt Jackson Law specifically to gain oversight of future landfill proposals and strengthen environmental review at the local level.

In larger jurisdictions – such as Nashville – officials have used the law as part of broader efforts to move toward stricter environmental protections and land-use scrutiny tied to waste management.

Balancing Development and Local Authority

Advocates argue that Jackson Law empowers residents and elected officials to protect public health, environmental quality, and property values by requiring local scrutiny of landfill projects.

Critics, however, caution that additional approval layers can complicate regional waste-management planning and potentially limit available disposal capacity.

Even so, the statute remains one of Tennessee’s clearest examples of local control overriding state-only permitting in environmental decision-making – placing the future of landfill development squarely in the hands of the communities most affected.

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