Duck River, Tennessee waterways could see regulation rollbacks under two proposed bills

Yahoo

19-02-2025

John McEwan, whose family has lived on the banks of the Duck River since the 1860s, skips stones on the Duck. (Photo: John Partipilo)
Tennessee conservation groups that support the preservation of the Duck River are warily watching two bills that they say would put the state's waterways at serious risk.
One bill would strip state protections from wetlands that are no longer protected by federal law. Another would scrap a required 2-mile buffer between designated scenic rivers and landfills.
While both bills would have implications for waterways throughout the state should they pass, the Duck River has taken a central role in discussions about their effects.
The Duck River is Tennessee's longest river and the most biodiverse freshwater river in North America. It also serves as the primary water source for roughly a quarter million residents in fast-growing Middle Tennessee.
Environmentalists and advocates have fought for stronger protections for the waterway for years: through court battles, water utility permit appeals and legislative action. Gov. Bill Lee raised the Duck to a level of statewide concern in fall 2024 with an executive order shaping a new advisory committee to balance the river's health with increasing water needs.
It's not clear whether the bills' sponsors intend to pursue their passage this legislative session, and the bills may still be amended.
Collierville Republican Rep. Kevin Vaughan is back this session with another version of his 2024 bill seeking to roll back protections on hundreds of thousands of acres of wetlands.
Vaughan's original bill faced staunch opposition from environmental advocates and was ultimately sent to a legislative summer study session. The Tennessee Department of Environment and Conservation (TDEC) presented its report to the Senate Energy, Agriculture and Natural Resources Committee with recommendations for wetlands regulation updates in October.
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Vaughan's 2025 bill appears to be substantially the same as his 2024 proposal. It would prevent TDEC from classifying property as a wetland unless that property is defined as a wetland by federal law. A Supreme Court decision in 2023 constricted the number of federally protected wetlands, cutting out wetlands that are 'isolated,' or do not have surface connections to other federally protected bodies of water.
Vaughan did not respond to requests for comment, but said in 2024 that his bill would have no impact on 'real wetlands,' only small areas created by tractors or livestock. Those, he said, should not be subjected to cumbersome regulations requiring developers to seek permits and complete mitigation efforts to build on or disturb wetlands.
George Nolan, director of the Southern Environmental Law Center's Tennessee office, said the legislation would have a far broader reach.
'That bill, if it passed, would remove all state-level protections for more than 300,000 acres of wetlands,' Nolan told the Lookout. 'That would have tremendous impact, because wetlands help keep us all safe and healthy.'
Wetlands slow down and soak up flood water — Nolan said an acre of wetlands can hold more than a million gallons of water — and they filter water as it moves into the groundwater system to replenish aquifers that provide drinking water. Wetlands also serve as ecologically diverse habitats.
The Harpeth Conservancy, working with data from mapping data firm Skytec, estimates there are roughly 16,000 geographically isolated wetlands that could lose protection along the Duck River. Around 80% of those wetlands take up less than one acre. A little more than half are a quarter acre or less.
'In Middle Tennessee, a hot spot for wetlands is in the upper reaches of the Duck River watershed. The Duck River depends on the groundwater system to recharge that water body,' Nolan said. 'If we destroy wetlands in the upper Duck River watershed, we are going to hurt the river during times of drought.'
The Duck River runs 'right smack dab through the middle' of Hickman County in Dickson Republican Rep. Jody Barrett's district. His constituents are passionate about protecting the river's natural resources and beauty.
Barrett is a real estate attorney and said he understands what Vaughan may be trying to do from a development standpoint, but Barrett still has concerns about the bill. He draws a comparison to a blank canvas. Twenty or 30 dots on that canvas may not look like much, but make it 20,000 to 30,000, and 'it starts filling in pretty quickly.'
'That's what I would fear from this bill,' Barrett said. 'Yes, on its face, it may seem innocuous — that we're only affecting a really small piece of ground — but when you do that multiple times across the entire state, then eventually that's going to really start having an impact.'
Barrett's district doesn't have the type of development that Vaughan's bill might be trying to address, but his constituents recognize that, eventually, growth will reach Hickman County. He's concerned that upstream decisions — including potential destruction of wetlands — could have negative effects for downstream counties like Hickman.
Yes, on its face, it may seem innocuous — that we're only affecting a really small piece of ground — but when you do that multiple times across the entire state, then eventually that's going to really start having an impact.
– Rep. Jody Barrett, R- Dickson
'If we're going to start touching these wetlands, which act as filters and catch basins that slow that rage of water down, what measures are we requiring to be put in their place to make sure that downstream counties, populations and farmers are still being protected,' Barrett asked.
Madison County Republican Rep. Chris Todd said he's not sure if he will advance a bill removing landfill buffers for scenic rivers this session, but he's 'leaning toward it.'
A spokesperson for Calhoun Republican Sen. Adam Lowe, the sponsor for the bill's senate version, indicated it would not run this year.
But Todd said he doesn't intend for the bill to undo protections bestowed on portions of the Duck River in 2023 as a company sought to place landfills on Maury County property that was once owned by agrochemical company Monsanto. Hohenwald Republican Sen. Joey Hensley and Culleoka Republican Rep. Scott Cepicky carried that legislation.
Trinity Business Group sought permits from TDEC to install two landfills on the property, a federally designated Superfund site containing hazardous substances from its Monsanto days. Maury County officials and residents moved quickly to block the permits, citing a law requiring local approval for landfills.
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The company sued, and the case remains ongoing.
If he does move the bill forward, he told the Lookout that he'll add an amendment grandfathering in protections approved under the existing law.
Todd's district in Madison County is dozens of miles away from the Duck River, and he said he doesn't have any concerns about a similar situation playing out on West Tennessee rivers.
Todd sees the landfill protections applied to portions of the Duck River a few years ago to be an abuse of the state's Scenic Rivers Act, which was 'never meant to be used like this,' he said. This bill has more to do with the principle than the specific river, he said.
'This bill was only related to the Duck River, maybe in a few people's minds, in that this law that I intend to change has been weaponized in the past to circumvent … our solid waste laws that are already in place and bypass the normal processes for landfill approvals,' Todd said.
Barrett said Todd's bill is 'in direct contrast' to a bill he's proposed that would classify the section of the Duck River that lies within Hickman County as a Class II scenic waterway. The classification would allow private landowners the option to participate in environmental and development protections to ensure the land stays pastoral as Middle Tennessee grows.
Barrett said he hasn't spoken to Todd about the bill and he doesn't know what Todd's motivations are, 'but certainly his bill would be contradictory to the interests of the citizens of Hickman County that are seeking to protect our river from all sorts of future development — not just landfills, but other issues that might eventually have negative impacts.'
Grace Stranch, CEO of nonprofit conservation group Harpeth Conservancy, disagrees with Todd's characterization of scenic river protections being 'weaponized.'
'The legislative intent behind the Tennessee Scenic Rivers Act was to protect rivers with outstanding qualities for present and future benefit to the people,' Strach wrote in an email to the Lookout.
The legislature added the provision prohibiting landfills within two miles of a scenic river in 1990.
'The Duck River, North America's most aquatically biodiverse river, clearly meets the criteria for designation,' Stranch wrote. 'The timing of new designations is irrelevant if they are fulfilling the legislative intent. Removing the landfill prohibition that has been in place for over 30 years erodes the purpose and necessary protections for our outstanding rivers.'
Freshwater mussel shells glisten in the sunlight in just a few inches of water in the Duck River. (Photo: John Partipilo/Tennessee Lookout)
Rep. Jody Barrett, a Dickson Republican, at right with landowner Doug Jones, is concerned potential destruction of wetlands could have negative effects for downstream counties in his district. (Photo: John Partipilo/ Tennessee Lookout)
A portion of the Duck River, Tennessee's longest river, in Coffee County. (Photo: John Partipilo)
Todd said he wouldn't have concerns about putting a landfill less than two miles from the Duck or other rivers because of the 'tight control TDEC has on landfills.'
Environmental advocates think otherwise.
Nolan said having a landfill near the river would carry 'a big risk of harmful pollution impacting the river as well as the scenic beauty of the river being harmed.'
Duck River Conservancy Chairman Doug Jones said the bottom line is 'landfills leak.' He and his group know that landfills are necessary and Middle Tennessee needs them, but said the river needs protection.
'It's just common sense,' Jones said. 'You don't build landfills by scenic rivers … or any river for that matter. You're just asking for trouble.'
Todd also rebuffed rumors that he has nefarious intentions toward the Duck River, or would renege on his pledge to amend the bill so it's not retroactive. He's heard concerns that another bill he's proposed this session that would require water and waste regulations to be based in 'sound science' is related to his proposed landfill legislation. He says that's false.
When asked, Todd said he's not aware of any standing Tennessee regulations that were not based on sound science.
'It's just a topic I've heard discussed and thought, 'That may be something we need to look at,'' he said.
Stranch said even if the bill is amended to grandfather in rivers that already have landfill buffers in place, other rivers would suffer.
'Landfills pose unique risks to our outstanding rivers; allowing them so close to our rivers will ensure future rivers designated Class II under the Tennessee Scenic River Act will not have the same necessary protections for our present and future generations,' she said.
Anita Wadhwani contributed to this story.
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