Water Pollution

Plain English Breakdown

The official source material does not provide specific details on conditions under which alterations to certain types of isolated wetlands do not require additional permits or mitigation measures, nor does it specify requirements for stormwater control measures.

Water Pollution Control Act

This act requires annual reports on water pollution permits and establishes categories for isolated wetlands in Tennessee.

What This Bill Does

• Requires the Department of Environment and Conservation to report annually on compensatory mitigation provisions in aquatic resource alteration permits (ARAPs) issued during the previous fiscal year.
• Establishes four types of isolated wetlands: artificial, low-quality, moderate-quality, and high-quality.

Who It Names or Affects

• The Department of Environment and Conservation
• Property developers seeking to alter wetlands

Terms To Know

isolated wetland

A wetland that does not have a continuous surface connection to a relatively permanent body of water connected to traditional interstate navigable waters.

aquatic resource alteration permit (ARAP)

A permit required before altering the physical properties of state waters, including wetlands.

Limits and Unknowns

• The bill does not specify an effective date.
• Details on how isolated wetland categories will be defined and determined are left to TDEC's rules and a wetland resource assessment tool.

Official Summary Text

ON APRIL 14, 2025, THE SENATE ADOPTED AMENDMENT #2 AND PASSED SENATE BILL 6760, AS AMENDED.

AMENDMENT #2 rewrites this bill to:

(1) Require the division of wat
er resources in the department of environment and conservation,
in collaboration with U
.
S
.
army corps of engineers, as necessary,
to annually
report information
concerning compensatory mitigation provisions in aquatic resource alteration permits (ARAPs) is
sued during the prior fiscal year
to the governor, the comptroller of the treasury,
and the
chair
persons
of the
commerce
committee
s; and

(2) Establish four categories of isolated wetlands for regulatory purposes.

Present law generally requires that a p
erson obtain an ARAP from TDEC before altering the physical properties of the waters of the state, including wetlands. Present law specifies a nine-step process by which a person may seek to alter wetlands under a general permit.

This amendment defines
"
i
solated wetland"
to
mean a wetland that does not have a continuous surface connection to a relatively permanent body of water that is connected to a traditional interstate navigable water and, as such, is distinguishable from that body of water
. This am
endment establishes the following four categories of isolated wetlands, all of which are defined in the full text of this amendment and will be further defined and determined in by TDEC's

rules and
wetland resource assessment tool
: artificial isolated wet
lands; low-quality isolated wetlands; moderate-quality isolated wetlands; and high-quality isolated wetlands.

This amendment establishes a process whereby a
person desiring to develop real property may request a determination from the
TDEC
commissioner r
egarding the presence, extent, and category of wetlands by submitting a wetland resource inventory report prepared by a third-party wetland professional, including a delineation and, if applicable, documentation that the wetland is isolated. The
full text
of this amendment specifies the requirements for a complete r
eport
. T
he commissioner must
act on a complete and accurate report

containing 10 or fewer wetlands
within 30 days
, or within 60 days for a report containing more than 10 wetlands. The commissi
oner's decision may be appealed to the board of
water quality, oil and gas
.

Under this amendment:

(1) T
he alteration of a

low-quality isolated wetland up to one acre in size, a moderate-quality isolated wetland up to 1/4 acre in size, or
a
n artifici
al isolated wetland of any size is permitted and no notice, approval, or compensatory mitigation is required for such alteration; provided, that the alteration is done in accordance with the following conditions:

(A) The activity must not result in the d
ischarge of toxic pollutants;

(B) Sediment must be prevented from entering a stream or other surface waters; and

(C) Appropriate steps must be taken to ensure that petroleum products or other chemical pollutants are prevented from entering waters of th
e state. In the event of a spill, measures must be taken immediately to prevent pollution of waters of the state, including groundwater;

(2)
The alteration of a
l
ow-quality isolated wetland that is greater than one acre up to two acres in size, or a
moderate-quality isolated wetland that is greater than one-quarter acre up to two acres in size,

will be
regulated by a general
ARAP, which
must not impose any requirements related to riparian buffer, cumulative impact analysis, or antidegradation;

(3) C
ompensatory mitigation is not required for alteration of a wetland subject to
(
1) or (2), except that mitigation may be required for:

(A) Alteration of a moderate-quality isolated wetland:

(i) For the acreage greater than 1/4 acre up to one acre in
size at a ratio not to exceed 1:1; and

(ii) For the acreage greater than one acre up to two acres in size at a ratio not to exceed 2:1; and

(B) Alteration of a low-quality isolated wetland for the acreage greater than one acre up to two acres in size a
t a ratio not to exceed 1:1;

(4) Unless required by federal law and except as authorized by (3), no additional permits, authorization, conditions, or requirements related to cumulative impact analysis, antidegradation, or mitigation
are
required for acti
vity within a wetland subject to (1) or (2).
N
o riparian buffers are required for wetlands subject to

(1) or (2);

(5) An individual
ARAP
is required for alteration of a low-quality isolated wetland or moderate-quality isolated wetland greater than two a
cres and a high-quality isolated wetland of any size; and

(6) The acreage requirements in this
(1)-(5) are
minimum acreage limits. Th
is amendment authorizes th
e commissioner to increase the acreage of low-quality isolated wetlands and moderate-quality i
solated wetlands permitted by (1) and the acreage of low-quality isolated wetlands and moderate-quality isolated wetlands subject to (2) as the commissioner deems appropriate.

This amendment requires that e
xisting onsite permanent stormwater control meas
ures
is
accounted for when determining the amount of mitigation required for alteration to any isolated wetland where mitigation is required.

This amendment prohibits consideration of i
solated wetlands and artificial isolated wetlands when determining th
e cumulative impact of a project for purposes of a permit even if the project contains other wetlands that are deemed jurisdictional by the United States army corps of engineers. A water quality certification under §
401 of the federal Clean Water Act mu
s
t not consider isolated or artificial isolated wetlands when determining cumulative impact or common plan of development.

Current Bill Text

SENATE BILL 670
By Taylor

HOUSE BILL 541
By Vaughan

HB0541
002541
- 1 -

AN ACT to amend Tennessee Code Annotated, Title 4;
Title 11, Chapter 14, Part 4; Title 66; Title 67,
Chapter 4, Part 4 and Title 69, relative to
wetlands.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Title 69, Chapter 3, Part 1, is amended by
adding the following as a new section:
The department shall not apply criteria that will result in the classification of real
property as a wetland, or otherwise regulate real property as a wetland, if the real
property is not classified and regulated as a wetland under federal law.
SECTION 2. This act takes effect upon becoming a law, the public welfare requiring it.