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HB0199 • 2026

Environment and Conservation, Department of

AN ACT to amend Tennessee Code Annotated, Title 68, Chapter 221, Part 4, relative to variances for subsurface sewage disposal systems.

Enacted

This bill passed the Legislature and reached final enactment based on the latest official action.

Sponsor
Reeves, Johnson
Last action
2025-04-29
Official status
Comp. became Pub. Ch. 208
Effective date
Not listed

Plain English Breakdown

The bill does not provide specific details on how the commissioner will decide when a variance is appropriate.

Changes to Variances for Sewage Systems

This bill changes how variances are handled for subsurface sewage disposal systems in Tennessee by allowing the commissioner to issue variances that override stricter local rules and requires these variances to be recorded with county registers of deeds.

What This Bill Does

  • Allows the commissioner to issue a variance within an area, which overrides any more stringent local requirements.
  • Requires the commissioner to file and record granted variances with the county register of deeds.
  • Limits when a variance can be issued: it cannot apply to sewer systems regulated by the Water Quality Control Act, multiple lots, or single-family homes with accessory buildings.

Who It Names or Affects

  • The Tennessee Department of Environment and Conservation
  • County health departments in Tennessee
  • People applying for variances related to sewage disposal

Terms To Know

variance
An exception to the rules that allows something different from what is normally required.
subsurface sewage disposal system
A type of wastewater treatment system used in areas without access to public sewers, typically involving underground tanks and pipes.

Limits and Unknowns

  • The bill does not specify how the commissioner will decide when a variance is appropriate.
  • It's unclear what happens if local requirements are more lenient than state rules.

Amendments

These notes stay tied to the official amendment files and metadata from the legislature.

Amendment 1-0 to HB0199

Plain English: The amendment adds new rules for when a commissioner can issue variances for subsurface sewage disposal systems and requires these variances to be recorded with the county.

  • Defines 'accessory buildings' as subordinate structures on the same lot as a principal single-family dwelling, such as garages or sheds.
  • Allows the commissioner to issue variances for subsurface sewage disposal systems that override stricter local requirements in certain cases.
  • Specifies that variances cannot be issued for sewerage systems regulated under § 69-3-108, multiple-lot systems, or lots with more than one single-family dwelling and accessory buildings.
  • Requires the commissioner to file and record any granted variance with the county register of deeds.
  • The amendment text does not specify all details about how variances will be issued or enforced.
Amendment 2-0 to HB0199

Plain English: The amendment allows for variances in subsurface sewage disposal systems under certain conditions and requires these variances to be recorded with the county register of deeds.

  • Adds a definition for 'accessory buildings' which includes structures like garages, barns, sheds, and accessory dwelling units that support primary residential use on the same lot as a principal single-family dwelling.
  • Allows the commissioner to issue variances for subsurface sewage disposal systems in areas covered by specific regulations, overriding stricter local requirements.
  • Specifies conditions under which variances cannot be issued, such as for sewerage systems regulated differently or for lots with multiple dwellings and accessory buildings.
  • Requires that any variance granted must be filed and recorded with the county register of deeds.
  • The amendment does not specify how to handle counties with a specific population range according to the census, which may limit its applicability in those areas.

Bill History

  1. 2025-04-29 Tennessee General Assembly

    Comp. became Pub. Ch. 208

  2. 2025-04-29 Tennessee General Assembly

    Effective date(s) 04/15/2025

  3. 2025-04-29 Tennessee General Assembly

    Pub. Ch. 208

  4. 2025-04-15 Tennessee General Assembly

    Signed by Governor.

  5. 2025-04-08 Tennessee General Assembly

    Transmitted to Governor for action.

  6. 2025-04-07 Tennessee General Assembly

    Signed by H. Speaker

  7. 2025-04-07 Tennessee General Assembly

    Signed by Senate Speaker

  8. 2025-04-04 Tennessee General Assembly

    Enrolled and ready for signatures

  9. 2025-04-03 Tennessee General Assembly

    Sponsor(s) Added.

  10. 2025-04-03 Tennessee General Assembly

    Concurred, Ayes 26, Nays 3, PNV 1 (Amendment 1 - HA0150)

  11. 2025-04-01 Tennessee General Assembly

    Placed on Senate Message Calendar for 4/3/2025

  12. 2025-03-31 Tennessee General Assembly

    Comp. SB subst.

  13. 2025-03-31 Tennessee General Assembly

    Sponsor(s) Added.

  14. 2025-03-31 Tennessee General Assembly

    Passed H., as am., Ayes 63, Nays 30, PNV 0

  15. 2025-03-31 Tennessee General Assembly

    H. adopted am. (Amendment 1 - HA0150)

  16. 2025-03-31 Tennessee General Assembly

    Failed to adopt am (Amendment 2 - HA0213), Ayes 44, Nays 46, PNV 0

  17. 2025-03-31 Tennessee General Assembly

    Subst. for comp. HB.

  18. 2025-03-27 Tennessee General Assembly

    H. Placed on Regular Calendar for 3/31/2025

  19. 2025-03-26 Tennessee General Assembly

    Placed on cal. Calendar & Rules Committee for 3/27/2025

  20. 2025-03-25 Tennessee General Assembly

    Rec. for pass. if am., ref. to Calendar & Rules Committee

  21. 2025-03-19 Tennessee General Assembly

    Placed on cal. Agriculture & Natural Resources Committee for 3/25/2025

  22. 2025-03-18 Tennessee General Assembly

    Action def. in Agriculture & Natural Resources Committee to 3/25/2025

  23. 2025-03-12 Tennessee General Assembly

    Placed on cal. Agriculture & Natural Resources Committee for 3/18/2025

  24. 2025-03-12 Tennessee General Assembly

    Sponsor(s) Added.

  25. 2025-03-11 Tennessee General Assembly

    Action def. in Agriculture & Natural Resources Committee to 3/18/2025

  26. 2025-03-05 Tennessee General Assembly

    Placed on cal. Agriculture & Natural Resources Committee for 3/11/2025

  27. 2025-03-05 Tennessee General Assembly

    Rec. for pass by s/c ref. to Agriculture & Natural Resources Committee

  28. 2025-02-27 Tennessee General Assembly

    Rcvd. from S., held on H. desk.

  29. 2025-02-26 Tennessee General Assembly

    Placed on s/c cal Agriculture & Natural Resources Subcommittee for 3/5/2025

  30. 2025-02-26 Tennessee General Assembly

    Action Def. in s/c Agriculture and Natural Resources Subcommittee to 3/5/2025

  31. 2025-02-24 Tennessee General Assembly

    Engrossed; ready for transmission to House

  32. 2025-02-24 Tennessee General Assembly

    Passed Senate, Ayes 33, Nays 0

  33. 2025-02-20 Tennessee General Assembly

    Placed on Senate Consent Calendar 2 for 2/24/2025

  34. 2025-02-19 Tennessee General Assembly

    Placed on s/c cal Agriculture & Natural Resources Subcommittee for 2/26/2025

  35. 2025-02-19 Tennessee General Assembly

    Recommended for passage, refer to Senate Calendar Committee

  36. 2025-02-12 Tennessee General Assembly

    Placed on Senate Energy, Ag., and Nat. Resources Committee calendar for 2/19/2025

  37. 2025-02-03 Tennessee General Assembly

    Assigned to s/c Agriculture & Natural Resources Subcommittee

  38. 2025-02-03 Tennessee General Assembly

    P2C, ref. to Agriculture & Natural Resources Committee

  39. 2025-01-27 Tennessee General Assembly

    Intro., P1C.

  40. 2025-01-16 Tennessee General Assembly

    Filed for introduction

  41. 2025-01-15 Tennessee General Assembly

    Passed on Second Consideration, refer to Senate Energy, Ag., and Nat. Resources Committee

  42. 2025-01-14 Tennessee General Assembly

    Introduced, Passed on First Consideration

  43. 2025-01-13 Tennessee General Assembly

    Filed for introduction

Official Summary Text

Present law provides that it is the duty of the commissioner of environment and conservation, or the commissioner's duly authorized representative or deputy commissioner, as ap
plicable, to enter into an agreement or contract with county health departments whereby the departments would implement the law relative to subsurface sewage disposal systems in their respective jurisdiction. The duty to enter into an agreement or contra
c
t is mandatory on the commissioner when a request is made by the applicable county mayor if all of the following conditions apply:



State reporting requirements are met by the county health departments.



The county health department program standards are at least as stringent as those of the state law and rules.



The commissioner retains the right to exercise oversight and evaluation of performance of the county health departments and to terminate the agreement or contract for cause immediately or otherwise, upon reasonable notice.



The commissioner may set such other fiscal, administrative, or program requirements as the commissioner deems necessary to maintain consistency and integrity of the statewide program.



Staffing and resources are adequate to implement and enforce the program in the local jurisdictions.

This bill adds to the list of conditions described above that the commissioner may issue a variance within the covered area or jurisdiction, which supersedes any more stringent local requirements.

VARIANCES

Present law authorizes a person whose subdivision plan has been disapproved, or whose application for a subsurface sewage disposal system permit has been denied, under the law relative to subsurface sewage disposal systems to request in writin
g that a variance be granted by the commissioner. The request must set forth the variance requested and the reasons for the variance, and be signed by the applicant. The commissioner must investigate the request for variance and inform the applicant of
t
he commissioner's decision within 90 days from the date the request is received. A variance may be granted when in the opinion of the commissioner such a variance will not violate the law relative to subsurface sewage disposal systems or otherwise consti
t
ute a definite health hazard.

This bill adds that the commissioner may require a variance so granted to be filed and recorded with the county register of deeds with respect to the property subject to the variance.

ON MARCH 31, 2025, THE HOUSE
SUBSTITUTED SENATE BILL 113 FOR HOUSE BILL 199, ADOPTED AMENDMENT #1, AND PASSED SENATE BILL 113, AS AMENDED.

Summary

AMENDMENT #1 adds that a variance issued

pursuant to this bill
must not apply to:

(
1
) A sewerage system regulated under
the Water Qua
lity Control Act
;

(
2
) A subsurface sewage disposal system serving multiple lots; or

(
3
) Any lot containing more than one single-family dwelling with accessory buildings.
This amendment defines "accessory buildings" to mean
subordinate structures on t
he same lot as a principal single-family dwelling, including accessory dwelling units, garages, barns, sheds, and similar buildings that are incidental to and support the primary residential use of the property
.

Current Bill Text

Read the full stored bill text 
SENATE BILL 113
By Johnson

HOUSE BILL 199
By Reeves

HB0199
000984
- 1 -

AN ACT to amend Tennessee Code Annotated, Title 68,
Chapter 221, Part 4, relative to variances for
subsurface sewage disposal systems.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Section 68-221-403(a)(10), is amended by
adding the following as a new subdivision:
( ) The commissioner may issue a variance within the covered area or
jurisdiction under § 68-221-410, which shall supersede any more stringent local
requirements;
SECTION 2. Tennessee Code Annotated, Section 68-221-410(a), is amended by
adding the following new subdivision:
( ) The commissioner may require a variance granted under this section to be
filed and recorded with the county register of deeds with respect to the property subject
to the variance.
SECTION 3. This act takes effect upon becoming law, the public welfare requiring it.