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An ordinance amending certain sections and subsections of Chapter 2.62, Chapter 12.56, and Title 13 of the Metropolitan Code of Laws to modify fees charged by the Nashville Department of Transportation and Multimodal Infrastructure (“NDOT”) and make various other changes.
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WHEREAS, the Nashville Department of Transportation and Multimodal Infrastructure (“NDOT”) provides many valuable services to the public; and
WHEREAS, according to a recent comprehensive study, the costs incurred by NDOT for providing certain services-by-request exceed the fees charged by NDOT to deliver those services; and
WHEREAS, it will best serve the Metropolitan Government and other stakeholders to gradually work toward equilibrium rather than attempting to do so all at once; and
WHEREAS, it will best serve the Metropolitan Government and other stakeholders to delay the effective date of these fee changes to create a three-month lead time from filing to implementation of the initial modifications; and
WHEREAS, these fee changes will create substantial opportunities to enhance the services that NDOT provides; and
WHEREAS, it is prudent to, through this ordinance, also remove antiquated references to the former public works department within the Metropolitan Code of Laws to instead reference NDOT.
NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY:
Section 1. That Section 2.62.030 of the Metropolitan Code of Laws is hereby amended, for the purposes of referencing fee amounts and practices in Section 4 of this ordinance and allowing payment types besides check and money order, by deleting subsection F in its entirety and replacing it with the following:
F. Payment of Fees. The permit application must be accompanied by payment of both a permit fee and the applicable administrative fee for the cost of processing the application. All fees shall be submitted to the mayor’s office of film and special events. Such fees shall conform to Section 2.62.080 of this code.
Section 2. That Section 2.62.040 of the Metropolitan Code of Laws is hereby amended, for the purposes of referencing fee amounts and practices in Section 4 of this ordinance and allowing payment types besides check and money order, by deleting subsection F in its entirety and replacing it with the following:
F. Payment of Fees. The permit application for special events, except for metropolitan events, must be accompanied by payment of both a permit fee and the applicable administrative fee for the cost of processing the application. All fees shall be submitted to the mayor’s office of film and special events. Such fees shall conform to Section 2.62.080 of this code.
Section 3. That Section 2.62.050 of the Metropolitan Code of Laws is hereby amended, for the purposes of referencing fee amounts and practices in Section 4 of this ordinance and allowing payment types besides check and money order, by deleting subsection D in its entirety and replacing it with the following:
D. Fees and Deposits. The application for banner placement on utility poles must be accompanied by payment of both a fee for the installation and removal of banners and the applicable administrative fee for the cost of processing the application. All fees shall be submitted to the mayor's office of film and special events. Such fees shall conform to Section 2.62.080 of this code.
Section 4. That Chapter 2.62 of the Metropolitan Code of Laws is hereby amended, in order to effectuate the fees in Sections 1, 2, 3, and 5 of this legislation, by adding a new Section 2.62.080:
2.62.080 - Determination of fees.
A. The fees set forth in Sections 2.62.030.F., 2.62.040.F., and 2.62.050.D of this chapter, and Section 12.56.170 of chapter 12.56, shall be in the following amounts:
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|
1/1/2026 through 9/30/2026 |
10/1/2026 through 6/30/2027 |
7/1/2027 through 7/31/2028 |
After 7/31/2028 |
|
Event & Film Permit - Banner 2.62.050 |
$390 |
$670 |
$950 |
See (B) below |
|
Event & Film Permit - Film 2.62.030 |
$230 |
$330 |
$456 |
See (B) below |
|
Event & Film Permit - Right-of-Way 2.62.030 |
$235 |
$365 |
$500 |
See (B) below |
|
Event & Film Permit - Parade 12.56.170 |
$565 |
$1,035 |
$1,500 |
See (B) below |
|
Event & Film Permit - Special Events 2.62.040 |
$785 |
$1,245 |
$1,700 |
See (B) below |
B. Fees shall increase on August 1, 2028, and on August 1 of succeeding years by the greater of (a) a percentage equal to the percentage change of the CPI Urban Index (CPI-U) over the prior fiscal year and (b) three percent. If, however, the change in CPI-U is negative, there shall be no change for that fiscal year.
C. The applicable date for a fee subject to Subsections A and B above shall be the date on which a permit was entered into the metropolitan government’s permitting system. If such date is prior to January 1, 2026, the fee amount shall be the fee that was in effect immediately prior to January 1, 2026.
D. Annual changes in fees shall be provided to each member of the metropolitan council and published on the Metropolitan government’s website at least 30 days before an adjustment goes into effect.
E. The department of transportation and multimodal infrastructure (NDOT) shall publish a report regarding performance improvements related to its incremental fee increases to the metropolitan council within two months subsequent to the three period end dates specified in Section A. The director of NDOT shall present the findings of such report in person to the metropolitan council upon invitation.
F. Subject to the availability of funding, NDOT shall cause to be completed and published a study of fees no less frequently than every five years, beginning in 2030.
Section 5. That Section 12.56.170 of the Metropolitan Code of Laws is hereby amended, for the purposes of referencing fee amounts and practices in Section 4 of this ordinance and allowing payment types besides check and money order, by deleting it in its entirety and replacing it with the following:
12.56.170 - Assistance of mayor's office of film and special events; fees.
The mayor's office of film and special events shall assist the chief of police in facilitating the processing of applications for and in the issuance of the parade permits provided for in this chapter. In connection therewith, with regard to parades being held for a recreational purpose, an administrative fee shall be paid by the applicant for the cost of facilitating the application. All fees shall be submitted to the mayor's office of film and special events. Such fees shall conform to Section 2.62.080 of this code.
Section 6. That Chapter 13.02 of the Metropolitan Code of Laws is hereby amended, in order to effectuate the fees in Sections 8 through 9 and Sections 11 through 15 of this legislation, by adding a new Section 13.02.020:
13.02.020 - Determination of fees.
All fees required by this Title, except for those set forth in Section 13.02.010 of this chapter, shall be in the following amounts:
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1/1/2026 through 9/30/2026 |
10/1/2026 through 6/30/2027 |
7/1/2027 through 7/31/2028 |
After 7/31/2028 |
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Encroachment Permit 13.08.030 |
$250 |
$250 |
$250 |
$250 |
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Excavation Permit (High Impact Area) 13.20.030(D) |
$535 |
$965 |
$1,400 |
See (B) below |
|
Excavation Permit (Non-High Impact Area) 13.20.030(D) |
$315 |
$535 |
$750 |
See (B) below |
|
Multimodal Access Closure Exception 13.20.030(A) |
$865 |
$1,235 |
$1,600 |
See (B) below |
|
Parklet Permit 13.32.166 |
$150 |
$150 |
$150 |
$150 |
|
Right-of-Way Abandonment 13.08.010(C) |
$600 |
$900 |
$1,200 |
See (B) below |
|
Sidewalk & Right-of-Way Obstruction Permit (High Impact Area) 13.20.030(E) |
$285 |
$520 |
$750 |
See (B) below |
|
Sidewalk & Right-of-Way Obstruction Permit (Non-High Impact Area) 13.20.030(E) |
$160 |
$270 |
$375 |
See (B) below |
|
Sidewalk Cafe Permit 13.32.165 |
$250 |
$250 |
$250 |
$250 |
|
Streatery Permit 13.32.166 |
$150 |
$150 |
$150 |
$150 |
|
Street and Alley Map Amendment 13.08.010(D) |
$285 |
$365 |
$450 |
See (B) below |
|
Temporary Street Closure Permit (High Impact Area) 13.20.030(G) |
$285 |
$520 |
$750 |
See (B) below |
|
Temporary Street Closure Permit (Non-High Impact Area) 13.20.030(G) |
$160 |
$270 |
$375 |
See (B) below |
B. Fees, besides those set in Subsection C below, shall increase on August 1, 2028, and on August 1 of succeeding years by the greater of (a) a percentage equal to the percentage change of the CPI Urban Index (CPI-U) over the prior fiscal year and (b) three percent. If, however, the change in CPI-U is negative, there shall be no change for that fiscal year.
C. The applicable date for a fee subject to Subsections A and B above shall be the date on which a permit was entered into the metropolitan government’s permitting system. If such date is prior to January 1, 2026, the fee amount shall be the fee that was in effect immediately prior to January 1, 2026.
D. Fees that shall be set in a manner other than those described in Subsections A through C above are:
1. The pavement assessment fee described in Subsection D of Section 13.20.030 of this code shall equal five hundred dollars plus the cost to restore the excavation per existing pavement restoration specifications of the department of transportation and multimodal infrastructure (NDOT). The cost shall be based on the average cost of similar work performed by metropolitan government in the previous year and shall be updated annually by the director of NDOT on August 1 of each year.
2. The annual per square foot fee for sidewalk cafe dining facilities described in Subsection C of Section 13.32.165 of this code shall be based on downtown commercial real estate rates.
3. The annual fee for streatery facilities described in Subsection D of Section 13.32.166 of this code shall be a) the lost revenue for metered parking spaces occupied by the streatery plus b) a rate lower than the average metered parking space for the time and number of non-metered parking spaces occupied by a streatery, as determined by the director of NDOT.
E. Changes in fees shall be provided to each member of the metropolitan council and published on the metropolitan government’s website at least 30 days before an adjustment goes into effect.
F. NDOT shall publish a report regarding performance improvements related to its incremental fee increases to the metropolitan council within two months subsequent to the three period end dates specified in Section A. The director of NDOT shall present the findings of such report in person to the metropolitan council upon invitation.
G. Subject to the availability of funding, NDOT shall cause to be completed and published a study of fees no less frequently than every five years, beginning in 2030.
Section 7. That Subsection 13.08.010 of the Metropolitan Code of Laws is hereby amended, for the purposes of referencing fee amounts and practices in Section 6 of this ordinance, clarifying language, and replacing antiquated language, by deleting it in its entirety and replacing it with the following:
13.08.010 - Official street and alley acceptance and maintenance record-Adoption.
A. There is created and established an official street and alley acceptance and maintenance record for the metropolitan government, which record is composed of a series of maps showing thereon, by words, lines or symbols, the dedicated streets and alleys which are accepted and maintained or abandoned for public maintenance by the metropolitan government. The official street and alley acceptance record herein established may be amended from time to time by ordinance of the metropolitan council setting out additions, deletions or any other amendments to such record.
B. The official street and alley acceptance and maintenance record shall be maintained in the office of the department of transportation and multimodal infrastructure (NDOT). The director of NDOT is authorized to note thereon any amendatory ordinance enacted by the metropolitan council.
C. Any person, other than an official or employee of the metropolitan government acting in their official capacity, making an application or request to permanently close and take ownership of one or more dedicated streets or alleys which are accepted and maintained shall, in addition to filing the appropriate application or request with NDOT, pay to a fee to the metropolitan government to cover the cost of processing such application or request. Such fees shall conform to Section 13.02.020 of this code.
D. Any person, other than an official or employee of the metropolitan government acting in their official capacity, making an application or request for an amendment to the official street and alley acceptance and maintenance record shall, in addition to filing the appropriate application or request with NDOT, pay to a fee to the metropolitan government to cover the cost of processing such application or request. Such fees shall conform to Section 13.02.020 of this code.
Section 8. That Section 13.08.030 of the Metropolitan Code of Laws is hereby amended, for the purposes of referencing fee amounts and practices in Section 6 of this ordinance, replacing antiquated language, and incorporating the language deleted by Section 9 of this ordinance, by deleting it in its entirety and replacing it with the following:
13.08.030 - Private installations in, on, over or under public way-Regulations.
A. No person, firm or entity shall construct, install, operate, and/or maintain an encroachment in, on, over, or under any street, road, alley, sidewalk, or other public way except when permitted by the metropolitan government.
1. Unless specifically permitted within this section or under other sections of this code, the metropolitan county council may by ordinance grant encroachments, permits or privileges to construct, install, operate, and/or maintain an encroachment in, on, over, or under any street, road, alley, sidewalk, or other public way.
2. The metropolitan county council may, by resolution approved by a majority of membership to which the council is entitled, grant encroachments, permits, or privileges to construct, maintain and/or operate aerial cables, canopies, etc., over and/or across sidewalks and public rights-of-way (commonly known as aerial encroachments).
B. Any person, firm or entity requesting an encroachment, permit, or privilege as provided herein shall, in addition to filing the appropriate application as required by the department of transportation and multimodal infrastructure (NDOT), pay to the metropolitan government a fee that shall conform to Section 13.02.020 of this code.
C. The manner of constructing, installing, operating, and maintaining such encroachment shall be subject to the requirements, direction, and approval of the director of NDOT and further the person, firm, or entity requesting such encroachment, permit, or privilege shall provide a liability insurance policy in such amount as directed by the metropolitan attorney and in the form as approved by the metropolitan attorney, to save the metropolitan government harmless from all claims for damages that may result to person or property by reason of construction, operation, or maintenance of such installation of any encroachment. Provided, however, that (i) a homeowner association legally constituted under Tennessee Law or (ii) a non-profit community organization exempt from taxation under section 501(c)(3) of the Internal Revenue Code may, without providing such insurance, install or construct an encroaching beautification project or sign if the director of NDOT has approved and determined in writing that installation of such project or sign is in the public interest and poses no risk of harm to the public.
D. Any person, firm, or entity requesting construction of any building or for the alteration of any building where such building is to be changed and such change will affect the exterior wall, bays, balconies, or other appendages or projections encroaching on, over, or under any street, alley, or public lane shall comply with the Metropolitan Building and Fire Codes. Depending upon the type of encroachments, permits are required and issued by the codes administration for such construction. This permit is in addition to any application or permit fees required by NDOT.
E. Any person convicted of a violation of this section by constructing, maintaining or operating such encroachments within the previous six months of making an application for a permit for such an encroachment shall not be granted a permit by metropolitan government.
Section 9. That Chapter 13.16 of the Metropolitan Code of Laws is hereby amended, for the purposes of consolidating its existing language into Section 13.08.030 for clarity, by deleting it in its entirety.
Section 10. That Section 13.20.010 of the Metropolitan Code of Laws is hereby amended, for the purpose of replacing antiquated language, by deleting the definition of “Director” in its entirety and replacing it with the following:
"Director" means the director of the department of transportation and multimodal infrastructure or their designee.
Section 11. That Section 13.20.030 of the Metropolitan Code of Laws is hereby amended, for the purposes of codifying multimodal access closure exceptions, referencing fee amounts and practices in Section 6 of this ordinance, by deleting subsection A in its entirety and replacing it with the following:
A. Permits for any construction activities or special events affecting multimodal pathway travel within the public right-of-way shall be issued by the director of the department of transportation and multimodal infrastructure (NDOT) for a period of no more than six days to any person qualified under Section 13.20.050 of this code, provided they meet all other requirements of this chapter, upon receipt of the appropriate permit fee. For such closures of seven days of more, permit applicants may submit a multimodal access closure exception application to NDOT. NDOT may approve or deny such applications. Approval of an exception application does not guarantee future permit issuance. Fees shall conform to Section 13.02.020 of this code.
Section 12. That Section 13.20.030 of the Metropolitan Code of Laws is hereby amended, for the purposes of referencing fee amounts and practices in Section 6 of this ordinance, replacing antiquated language, and enhancing readability, by deleting subsection D in its entirety and replacing it with the following:
D. Excavation Permits.
1. Each separate excavation shall require a permit. Excavated areas of up to five square meters (six square yards) of surface area shall constitute an excavation. Trench excavations running parallel to traffic shall require a permit for each fifty linear feet. Permits for excavation may require differing fees within different designated areas, such as right-of-way permit high impact areas. Such fees shall conform to Section 13.02.020 of this code.
2. Any excavation permit requested and issued involving roadway pavement on any roadway that has been newly constructed or resurfaced within the past five years, in addition to the other fees provided in this section, shall require the payment of a pavement assessment fee. Such fees shall conform to Section 13.02.020 of this code.
3. For the purposes of this section, the phrase "right-of-way permit high impact area" shall mean the area bounded as follows: Beginning at the intersection of I-65 North and Briley Parkway, thence; in an easterly and then in a southerly direction along Briley Parkway, to I-40 east of Nashville. Thence, continuing with Briley Parkway in a southerly then westerly direction, to I-24 south of Nashville. Thence, along Thompson Lane in a westerly direction, to I-65 south of Nashville. Thence, along Woodmont Boulevard in a westerly direction, to Harding Pike (Highway 70 S). Thence, along White Bridge Road in a northerly direction, to I-40 west of Nashville. Thence, along Briley Parkway in a northerly and then easterly direction to the point of beginning at I-65 north of Nashville.
4. All excavation restoration will be the responsibility of the permittee, shall conform to the specifications of the department of transportation and multimodal infrastructure (NDOT), and shall be subject to the approval of the director of NDOT.
Section 13. That Section 13.20.030 of the Metropolitan Code of Laws is hereby amended, for the purposes of referencing fee amounts and practices in Section 6 of this ordinance, replacing antiquated language, and codifying the exemption for open streets block parties, by deleting subsection E in its entirety and replacing it with the following:
E. Obstruction Permits.
Permits shall be issued for temporary obstructions only. Permanent obstructions are prohibited. Fees for obstruction permits shall conform to Section 13.02.020 of this code. However, applicants for temporary street closures for community-based events that make street space available to residents by closing the space to motor vehicles may seek and NDOT may grant an exemption from the permit fee.
Section 14. That Section 13.20.030 of the Metropolitan Code of Laws is hereby amended, for the purpose of referencing fee amounts and practices in Section 6 of this ordinance, by deleting subsection G in its entirety and replacing it with the following:
G. Right-of-Way Temporary Closure Permits and Fees. In addition to any other fees required by this chapter, permits requiring the temporary closure of the metropolitan government's rights-of-way shall be subject to fees that shall conform to Section 13.02.020 of this code.
Section 15. That Section 13.32.165 of the Metropolitan Code of Laws is hereby amended, for the purposes of referencing fee amounts and practices in Section 6 of this ordinance and replacing antiquated language, by deleting subsection C in its entirety and replacing it with the following:
C. Any person applying for a permit to operate a sidewalk cafe dining facility shall, in addition to filing the appropriate application as required by the department of transportation and multimodal infrastructure, pay to the metropolitan government a nonrefundable application fee and an annual fee per square foot for right-of-way use. If a renewal of the permit is desired, an application for renewal must be made at least thirty days prior to the expiration of the existing permit and must be accompanied by the aforementioned nonrefundable application fee and right-of-way use fee. Such fees shall conform to Section 13.02.020 of this code.
Section 16. That Section 13.32.166 of the Metropolitan Code of Laws is hereby amended, for the purposes of referencing fee amounts and practices in Section 6 of this ordinance and replacing antiquated language, by deleting subsection D in its entirety and replacing it with the following:
D. Any person making application for a permit to operate a parklet or streatery facility, which are available with one-year terms, shall, in addition to filing the appropriate application required by the department of transportation and multimodal infrastructure, pay to the metropolitan government a nonrefundable application fee. For streatery facilities, the permittee shall also pay an additional annual fee. If a renewal of the permit is desired, an application for renewal must be made at least thirty days prior to the expiration of the existing permit and must be accompanied by the aforementioned application fee as well as, if applicable, the annual fee. Such fees shall conform to Section 13.02.020 of this code.
Section 17. That this ordinance shall take effect on January 1, 2026, the welfare of the Metropolitan Government of Nashville and Davidson County requiring it.