HB0612 • 2026

Water Pollution

AN ACT to amend Tennessee Code Annotated, Title 69, Chapter 3, relative to permits.

Active

The official status still shows this bill as active or still awaiting another formal step.

Sponsor: Vaughan, Taylor
Last action: 2025-05-08
Official status: Effective date(s) 07/01/2025
Effective date: Not listed

Plain English Breakdown

The official source does not provide specific details about how the size of an area is measured or defined, leaving this as a limitation.

Water Pollution Permit Changes

This bill modifies Tennessee's water pollution control laws to expand exemptions from compensatory mitigation for certain projects based on their size.

What This Bill Does

Expands the exemption from compensatory mitigation requirements when an applicant is disqualified only due to the size of the area affected by a project, not just wetlands but all areas covered under aquatic resource alteration permits (ARAP).
Clarifies that measurements for wetland impacts or stream impacts will be used instead of considering the overall area size when determining exemptions from compensatory mitigation.

Who It Names or Affects

People or companies applying for ARAPs in Tennessee.
The Department of Environment and Conservation, which issues these permits.

Terms To Know

Aquatic Resource Alteration Permit (ARAP): A permit issued by the Department of Environment and Conservation for activities that affect water resources like streams or wetlands.
Compensatory Mitigation: Actions taken to offset damage done to natural areas, such as creating new wetlands when existing ones are harmed.

Limits and Unknowns

The bill does not specify how the size of an area will be measured or defined.
It is unclear what happens if there are other factors disqualifying a project from getting a general permit besides its size.

Amendments

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

HA0224

Amendment 1-0 to HB0612

Plain English: The amendment changes how applicants who almost qualify for a general aquatic resource alteration permit (ARAP) are treated regarding compensatory mitigation requirements.

Removes the need for compensatory mitigation if an applicant's only disqualification from a general ARAP is due to the size of wetland impacts or length of stream impacts.

The amendment text does not specify how much acreage or stream length would exempt someone from mitigation requirements, leaving this detail unclear.

SA0246

Amendment 1-0 to SB0664

Plain English: The amendment changes how applicants who almost qualify for a general aquatic resource alteration permit (ARAP) are treated regarding compensatory mitigation requirements.

If an applicant is missing coverage under a general ARAP only because of the size or length of wetland/stream impacts, they will be exempt from compensatory mitigation for those specific areas.

The amendment text does not specify how much acreage or stream length would qualify for exemption.
It is unclear what 'compensatory mitigation' entails in this context without further details.

Bill History

2025-05-08 Tennessee General Assembly
Effective date(s) 07/01/2025
2025-05-08 Tennessee General Assembly
Pub. Ch. 342
2025-05-08 Tennessee General Assembly
Comp. became Pub. Ch. 342
2025-05-02 Tennessee General Assembly
Signed by Governor.
2025-04-21 Tennessee General Assembly
Transmitted to Governor for his action.
2025-04-17 Tennessee General Assembly
Signed by Senate Speaker
2025-04-15 Tennessee General Assembly
Signed by H. Speaker
2025-04-15 Tennessee General Assembly
Enrolled; ready for sig. of H. Speaker.
2025-04-14 Tennessee General Assembly
Passed Senate, Ayes 26, Nays 6
2025-04-14 Tennessee General Assembly
Amendment withdrawn. (Amendment 1 - SA0246)
2025-04-14 Tennessee General Assembly
Senate substituted House Bill for companion Senate Bill.
2025-04-14 Tennessee General Assembly
Received from House, Passed on First Consideration
2025-04-14 Tennessee General Assembly
Sponsor(s) Added.
2025-04-14 Tennessee General Assembly
Companion House Bill substituted
2025-04-11 Tennessee General Assembly
Placed on Senate Regular Calendar for 4/14/2025
2025-04-10 Tennessee General Assembly
Engrossed; ready for transmission to Sen.
2025-04-10 Tennessee General Assembly
Passed H., as am., Ayes 74, Nays 20, PNV 0
2025-04-10 Tennessee General Assembly
Sponsor(s) Added.
2025-04-10 Tennessee General Assembly
H. adopted am. (Amendment 1 - HA0224)
2025-04-09 Tennessee General Assembly
Refer to Senate Calendar Committee
2025-04-09 Tennessee General Assembly
Recalled from Senate Finance, Ways & Means Committee
2025-04-03 Tennessee General Assembly
H. Placed on Regular Calendar for 4/10/2025
2025-04-02 Tennessee General Assembly
Placed on cal. Calendar & Rules Committee for 4/3/2025
2025-04-01 Tennessee General Assembly
Rec. for pass. if am., ref. to Calendar & Rules Committee
2025-03-26 Tennessee General Assembly
Placed on cal. Agriculture & Natural Resources Committee for 4/1/2025
2025-03-26 Tennessee General Assembly
Rec for pass if am by s/c ref. to Agriculture & Natural Resources Committee
2025-03-26 Tennessee General Assembly
Recommended for passage with amendment/s, refer to Senate Finance, Ways, and Means Committee Ayes 7, Nays 2 PNV 0
2025-03-19 Tennessee General Assembly
Placed on s/c cal Agriculture & Natural Resources Subcommittee for 3/26/2025
2025-03-19 Tennessee General Assembly
Action Def. in s/c Agriculture and Natural Resources Subcommittee to 3/26/2025
2025-03-19 Tennessee General Assembly
Placed on Senate Energy, Ag., and Nat. Resources Committee calendar for 3/26/2025
2025-03-19 Tennessee General Assembly
Action deferred in Senate Energy, Ag., and Nat. Resources Committee to 3/26/2025
2025-03-13 Tennessee General Assembly
Placed on Senate Energy, Ag., and Nat. Resources Committee calendar for 3/19/2025
2025-03-12 Tennessee General Assembly
Placed on s/c cal Agriculture & Natural Resources Subcommittee for 3/19/2025
2025-02-12 Tennessee General Assembly
Passed on Second Consideration, refer to Senate Energy, Ag., and Nat. Resources Committee
2025-02-10 Tennessee General Assembly
Introduced, Passed on First Consideration
2025-02-05 Tennessee General Assembly
Assigned to s/c Agriculture & Natural Resources Subcommittee
2025-02-05 Tennessee General Assembly
P2C, ref. to Agriculture & Natural Resources Committee
2025-02-03 Tennessee General Assembly
Intro., P1C.
2025-01-31 Tennessee General Assembly
Filed for introduction
2025-01-30 Tennessee General Assembly
Filed for introduction

Official Summary Text

In order to avoid pollution and environmental degradation, present law requires the commissio
ner of environment and conservation to issue permits for certain activities and discharges. If the commissioner finds that a category of activities or discharges would be appropriately regulated under a general permit, which is the lowest level permit, t
h
en the commissioner may issue such a permit instead of an individual permit. However, the department of environment and conservation may issue an aquatic resource alteration permit (ARAP) to a person in connection with the removal of sand, gravel, and si
m
ilar sediments or deposits from streams or wetlands. Both permits require a provision for certain adequate compensatory mitigation, by mitigation banking, permittee-responsible mitigation, or in-lieu fee payments as approved by the department.

Present l
aw provides that if the only factor that disqualifies an applicant for an ARAP for wetland impacts from having the activities for which a permit is sought covered under a general permit is the size of the wetland that the permit will apply to, then the de
p
artment must exempt from compensatory mitigation an amount of wetland equal in size to the area for which mitigation would not be required if the permit applicant qualified for coverage under a general permit. In other words, if the only issue with getti
n
g the general permit is that the wetland is too big, then the department must exempt the permit from providing compensation for an equivalent size of wetland that would not have been required compensation under the general permit.

This bill expands the a
bove provision from the size of any wetlands to the size of the area as a whole. Therefore, if the only factor that disqualifies an applicant for an ARAP from having the activities covered under a general permit is the size of the area that the permit wi
l
l apply to, then the department must exempt from compensatory mitigation an area equal in size to the area for which mitigation would not be required if the permit applicant qualified for coverage under a general permit.

ON APRIL 10, 2025, THE HOUSE ADO
PTED AMENDMENT #1 AND PASSED HOUSE BILL 612, AS AMENDED.

AMENDMENT #1 clarifies that the measurements that will be utilized under this bill are
the acreage of wetland impacts or the length of stream impacts
instead of "the size of the area the permit wil
l apply to".

Current Bill Text

Read the full stored bill text

SENATE BILL 664
By Taylor

HOUSE BILL 612
By Vaughan

HB0612
002542
- 1 -

AN ACT to amend Tennessee Code Annotated, Title 69,
Chapter 3, relative to permits.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Section 69-3-141(c), is amended by deleting
the subsection and substituting the following:
(c) If the only factor that disqualifies an applicant for an aquatic resource
alteration permit (ARAP) from having the activities for which a permit is sought covered
under a general permit is the size of the area that the permit will apply to, the department
shall exempt from compensatory mitigation an area equal in size to the area for which
mitigation would not be required if the permit applicant qualified for coverage under a
general permit.
SECTION 2. This act takes effect July 1, 2025, the public welfare requiring it.