Tennessee Heritage Protection Act
The Tennessee Heritage Protection Act was initially enacted in 2013 and amended in 2016, 2018, and 2023. Generally, the Tennessee Heritage Protection Act prohibits the removal, relocation, or renaming of a memorial that is, or is located on, public property.
A public entity exercising control of a memorial may petition the Tennessee Monuments and Memorials Commission (since July 2023) in writing for a waiver from the prohibition. After consideration of the petition, the Tennessee Monuments and Memorials Commission will vote on whether to grant or deny the waiver.
A historic organization may petition the Tennessee Monuments and Memorials Commission to transfer ownership to the historic organization and/or relocate a memorial with the consent of the public entity exercising control of the memorial.
The citation for the Act is Tenn. Code Ann. § 4-1-412. The Act can be found on Lexis Nexis, at the State Library and Archives, or a law library open to the public (for instance the University of Tennessee, Knoxville; the University of Memphis; or Vanderbilt University). Public libraries may also be able to provide copies.
An item-by-item synopsis of the Tennessee Heritage Protection Act can be found here.
The procedures for Contested Case Hearings can be found here.
The Tennessee Historical Commission and the Tennessee Monuments and Memorials Commission do not have jurisdiction over a petition to remove, relocate, or rename a memorial that is submitted by an individual or entity that does not exercise control of the memorial.
The Tennessee Historical Commission and the Tennessee Monuments and Memorials Commission cannot take actions not authorized by the Act to cause the removal, relocation, or renaming of a memorial.
Tennessee Monuments and Memorials Commission
As of July 1, 2023, all Tennessee Heritage Protection Act cases will be heard by the Monuments and Memorials Commission.
The Monuments and Memorials Commission consists of nine members with staggered terms. Three members appointed by the governor (one from each grand division), three appointed by the speaker of the Senate (one from each grand division), and three appointed by the speaker of the House (one from each grand division). The executive director of the Tennessee Historical Commission serves as an ex officio non-voting member as well as executive director of the Monuments and Memorials Commission.
Information on the Tennessee Monuments and Memorials Commission and meetings can be found here.
Tennessee Historical Commission
The mission of the Tennessee Historical Commission is to protect, preserve, interpret, maintain, and administer historic places, and to encourage the inclusive diverse study of Tennessee's history for the benefit of future generations.
The Tennessee Historical Commission consists of twenty-nine members. Twenty-four members are appointed by the Governor. The twenty-four members appointed by the Governor are equally divided among the three grand divisions of the state. There are five ex officio members: the Governor, the State Historian, the State Archaeologist, the Commissioner of Environment and Conservation, and the State Librarian and Archivist. The Tennessee Historical Commission typically meets each February, June, and October and has purview over policies of the state programs of the agency and approves the budget. The members of the Tennessee Historical Commission are responsible for considering and voting on petitions for waiver under the Tennessee Heritage Protection Act.
The Tennessee Historical Commission is supported by a professional full-time staff that is responsible for the day-to-day operation of the State Historic Preservation Office and other state and federal programs. The staff cannot vote on petitions for waiver under the Tennessee Heritage Protection Act.
Information on the Tennessee Historical Commission and meetings can be found here.
The Tennessee Historical Commission will have purview over any pending Tennessee Heritage Protection Act cases as of June 30, 2023.
Rulemaking
The Tennessee Historical Commission held a public hearing on June 13, 2017, regarding rules establishing criteria for consideration of petitions.
- View the archived notice of rulemaking on the SOS site.
- Listen to the audio recording of the public hearing.
The Tennessee Historical Commission discussed and approved the rules at its meeting October 13, 2017 in Athens, Tennessee. The Government Operations Rule Review Committee recommended approval of the rules December 13, 2017 and the rules became effective on January 17, 2018.
View information on the rulemaking hearing and comments received to date.
Petition for Waiver
On June 29, 2023, the Tennessee Historical Commission received a Petition for Waiver from Middle Tennessee State University concerning Forrest Hall. The initial hearing took place on October 20, 2023.
The Tennessee Historical Commission will meet on February 16, 2024 regarding the Petition for Waiver.
Due to a motion of continuance, the Final Hearing regarding the Petition for Waiver will take place on April 26, 2024.
The Tennessee Historical Commission will meet on June 21, 2024 for the Final Hearing regarding the Petition for Waiver.
Last updated April 26, 2024.
Petition for Waiver
On June 23, 2023, the Tennessee Historical Commission received a Petition for Waiver from the Metropolitan Government of Nashville and Davidson County, Board of Parks and Recreation concerning Fort Negley. The initial hearing took place on October 20, 2023.
The Tennessee Historical Commission will meet on February 16, 2024 regarding the Petition for Waiver.
Due to a motion of continuance, the Final Hearing regarding the Petition for Waiver will take place on April 26, 2024.
Last updated on February 16, 2024.
Crockett County Final Order Joint Petition
On June 16, 2023 the Tennessee Historical Commission adopted the Joint Petition filed by the Crockett County Veterans Memorial Association regarding the relocation of the Robert H. White Tennessee Historical Commission Marker located at the Crockett County Courthouse.
The Tennessee Historical Commission met on June 16, 2023 at 9:00 am CST regarding the Joint Petition.
Last updated June 27, 2023.
Centennial Park Petition for Waiver
The Tennessee Historical Commission received a Petition for Waiver concerning a monument in Centennial Park.
Centennial Park Notice of Hearing
The final hearing will be held in the presence of the Tennessee Historical Commission on February 17, 2023 at 9:00 am CST/ 10:00 am EST.
Final Order Denying Petition for Waiver
The Tennessee Historical Commission met on February 17, 2023 at 9:00 am CST/ 10:00 am EST regarding the Metro Board of Parks and Recreation Petition for Waiver on the monument in Centennial Park.
Last updated March 13, 2023.
City of Forest Hills Petition for Waiver
On April 14, 2022 the Tennessee Historical Commission received a Petition for Waiver concerning the names of five street signs located in the City of Forest Hills. The initial hearing took place on June 17, 2022.
City of Forest Hills Petition for Declaratory Order
On July 22, 2022 a Petition for Declaratory Order was submitted to the Tennessee Historical Comission by the City of Forest Hills.
The Tennessee Historical Commission met on September 16, 2022 at 9:00 am CST/ 10:00 am EST regarding the Petition for Declaratory Order.
Final Order Denying Petition for Declaratory Order
Last updated November 14, 2022
Hadley Park Petition for Waiver
On April 14, 2022 the Tennessee Historical Commission received a Petition for Waiver concerning the renaming of Hadley Park, a public park owned by the Metropolitan Government of Nashville and Davidson County. The initial hearing took place on June 17, 2022.
Hadley Park Petition for Declaratory Order
On August 12, 2022 a Petition for Declaratory Order was submitted to the Tennessee Historical Commission by the Metro Board of Parks and Rec regarding Hadley Park.
The Tennessee Historical Commission met on September 16, 2022 at 9:00 am CST/ 10:00 am EST regarding the Petition for Declaratory Order.
Final Order Granting Petition for Declaratory Order
Last updated November 14, 2022.
Giles County Final Order Joint Petition
On June 17, 2022 the Tennessee Historical Commission adopted the Joint Petition filed by the Giles County Chapter #257 United Daughters of the Confederacy and Giles County regarding the U.D.C. room at the Giles County Courthouse.
The Tennessee Historical Commission met on June 17, 2022 at 9:00 am CST/ 10:00 am EST regarding the Joint Petition.
Last updated September 22, 2022.
Williamson County Petition for Waiver
On November 5, 2020 the Tennessee Historical Commission received a Petition for Waiver concerning the Williamson County Seal.
Williamson County Petition for Declaratory Order
On November 8, 2021 Williamson County filed a Petition for Declaratory Order regarding the Williamson County Seal.
The Tennessee Historical Commission met on April 22, 2022 at 9:00 am CST/ 10:00 am EST regarding the Petition for Declaratory Order.
Last updated September 22, 2022.
Waiver petition from the City of Knoxville, received on November 20, 2020.
On November 20, 2020 the Tennessee Historical Commission received a Petition for Waiver concerning a historical marker located on Market Square.
Final Order in the City of Knoxville petition for waiver
On June 18, 2021, the Tennessee Historical Commission issued the final order which approves the City of Knoxville waiver petition to remove and replace the historical marker located on Market Square.
Waiver petition from the State Capitol Commission, received on August 14, 2020.
On August 14, 2020 the Tennessee Historical Commission received a Petition for Waiver concerning the busts of Nathan Bedford Forrest, David Glasgow Farragut and Albert Gleaves, located on the second floor of the Tennessee State Capitol.
Final Order in the State Capitol Commission petition for waiver.
On March 10, 2021, the Tennessee Historical Commission issued the final order which approves the relocation of the busts of Nathan Bedford Forrest, David Glasgow Farragut, and Albert Gleaves from their current location on the second floor of the Tennessee State Capitol building to the Tennessee State Museum.
Petition for Waiver
On August 14, 2019 the Tennessee Historical Commission received a Petition for Waiver regarding the Sam Davis Memorial. The notice of the hearing can be found here.
Final Order in the Sam Davis Memorial Association petition for waiver.
On February 26, 2020 the Tennessee Historical Commission issued the final order which would allow the sale of up to 5 acres property of the Sam Davis Memorial.
On February 16, 2018, the Tennessee Historical Commission determined to convene a contested case regarding a petition for declaratory order submitted by the Descendants of Nathan Bedford Forrest and the Sons of Confederate Veterans, Nathan Bedford Forrest Camp #215 and to refer the petition to be heard by an administrative law judge alone. Petition for Declaratory Order.
On April 5, 2018, an amended petition for declaratory order was submitted by the petitioners. Amended Petition.
On May 18, 2018, the Tennessee Historical Commission held a special meeting in Conference Room C on the 3rd floor of the Tennessee Tower, 312 Rosa L. Parks Ave., Nashville, TN 37243, beginning at 9:00 a.m. CDT. This meeting was held by phone conference. May 18th Agenda
During the May 18, 2018, meeting, the Tennessee Historical Commission determined to convene a contested case regarding the petition for declaratory order and to refer the petition to be heard by an administrative law judge sitting alone.
A hearing will be held on October 15, 2018. The hearing will be held in the Nashville Room located on the third floor of the William R. Snodgrass Tennessee Tower at 312 Rosa L. Parks Avenue, Nashville, TN 37243, beginning at 10:00 a.m. CDT. Order Setting Hearing.
On January 25, 2019, the Tennessee Historical Commission received an Initial Declaratory Order, followed by an Appeal on March 15, 2019.
On November 14, 2018 the Final Determination was filed with the Secretary of State, Administrative Procedures Division.
On September 19, 2018 a Notice of Hearing was filed with the Secretary of State, Administrative Procedures Division.
The City of Chattanooga has filed a petition for waiver for memorials located on Patten Parkway.
Link to Petition
You can also link to the petition in 3 parts: the first is the text and the other 2 parts are images of the memorials and plans for the site (the last two may take a while to load).
The petition was submitted on April 16, 2018 pursuant to Tennessee Code Annotated § 4-1-412 of the Tennessee Heritage Protection Act of 2016. The City of Chattanooga has requested the Tennessee Historical Commission to include the petition on the June 15, 2018 agenda for an initial hearing. At the initial hearing, the Tennessee Historical Commission will determine which interested entities, groups, or individuals should be given written notice by the City of Chattanooga.
Organizations that may have an interest in receiving notice of the petition.
On February 17, 2023, the City of Chattanooga reappeared before the Commission in order to present a proposal for the memorial consistent with the Commission's 2018 Final Determination. The City proposed a memorial park for its riverfront that is being designed in collaboration with local interest groups. The Commission determined the proposal was consistent with the Final Determination, which allowed the City of continue its efforts to relocate the memorial to the new riverfront park. The Commission required the City to present a report of its progress at the Commission's first scheduled meeting in 2025.
Last updated April 18, 2023.
The Tennessee Historical Commission met on February 16, 2018, at 10:00 am EST / 9:00 am CST.
The meeting was held in the Multimedia Room on the 3rd Floor of the William R. Snodgrass Tennessee Tower, 312 Rosa L. Parks Avenue, Nashville, Tennessee, 37243.
On the agenda was the final hearing regarding a petition for waiver filed by Middle Tennessee State University and the Tennessee Board of Regents to change the name of a building located on the Middle Tennessee State University campus from Forrest Hall to Army ROTC Building. The hearing was held in the presence of Administrative Law Judge Thomas G. Stovall and the Tennessee Historical Commission.
A Final Order was issued on March 19, 2018 pursuant to Tennessee Code Annotated Section 4-1-412. Tennessee Code Annotated Section 4-1-412(c)(8 ) provides, in relevant part, as follows:
Within thirty (30) calendar days from the final hearing, the final determination of the commission shall be reduced to writing and shall state the commission’s findings and the grounds on which the relief is granted or denied. The effective date of the determination shall be not less than one hundred twenty (120) calendar days after notice of the commission’s determination is posted on the web site of the commission. Copies of the final determination shall be sent to the public entity seeking the waiver and to each interested entity, group, or individual who testified or submitted evidence at the final hearing.
A public entity seeking a waiver or interested entity, group, or individual who testified or submitted evidence at the final hearing who is aggrieved by the final determination of the commission on the petition for a waiver may file a petition for review in the chancery court of Davidson County or, alternatively, in the county in which the memorial is located or, in the case of a memorial that is located in multiple counties, the county in which the memorial is predominantly located. A petition for review shall be filed within sixty (60) calendar days after notice of the commission’s determination is posted on the web site of the commission. The court shall conduct a de novo review on the record of the issues. The review shall be conducted without a presumption that the determinations and findings of the commission are correct. Additional evidence may be introduced and considered by the court.
Final Order – posted March 20, 2018
Petition for Declaratory Order
The Tennessee Historical Commission met on January 19, 2018, at 10:00 am EST / 9:00 am CST, to determine whether to review the Initial Order issued by Judge Hilliard, APD, dismissing the Petition for Declaratory Order submitted by the City of Memphis and Memphis City Council regarding application of the Tennessee Heritage Protection Act of 2013 to the equestrian statue of Nathan Bedford Forrest located in Memphis. The Commission determined not to review the initial order. The order became final on January 23, 2018.
The Tennessee Historical Commission determined not to review the initial order issued by Judge Hilliard, APD, dismissing the petition at its February 16, 2018, regular meeting.
The Initial Order can be accessed here.
The Tennessee Historical Commission met on November 9, 2017, at 10:00 am EST / 9:00 am CST, to determine whether to convene a contested case hearing as provided in Tenn. Code Ann. § 4-5-223, regarding the Petition for Declaratory Order submitted by the Friends of Fort Negley, Inc. relative to historic Fort Negley located in Nashville, Tennessee. The Tennessee Historical Commission voted to request an administrative law judge sitting alone to consider the petition.
The Petition for Declaratory Order requests that the Tennessee Historical Commission issue an order finding that the Fort Negley property, including the land that was previously the location of Greer Stadium, is covered by and included in the Tennessee Heritage Protection Act of 2016 as a memorial.
Petition for Waiver
The petition by the City of Memphis to move the Forrest Statue from Health Sciences Park was submitted under the 2013 Act, prior to the passage of the 2016 Act. It was considered under the provisions of the 2013 Act, and was the only waiver application before the Commission to be considered under the 2013 Act. The Commission denied the petition October 13, 2017.
Petition for Declaratory Order
View a video of the October meeting
View the October meeting agenda