Bill would roll back state-level protections of wetlands in favor of developers

Yahoo

08-04-2025

NASHVILLE, Tenn. (WKRN) — A West Tennessee lawmaker would roll back protections of wetlands in the state, allowing for more development in areas prone to being water-logged.
Memphis Sen. Brent Taylor, proposed the bill, which would strip back required protections for wetlands in favor of developers.
According to the text of the bill, developers wishing to build on lands categorized as wetlands would be able to submit specific reports from the Tennessee Department of Environment and Conservation that detail the land in question, including whether or not the land is considered an 'isolated wetland.'
The bill also defines specific categories of 'wetlands,' including an 'artificial isolated wetland,' a 'high-quality isolated wetland,' and 'isolated wetland,' a 'low-quality isolated wetland' or a 'moderate-quality isolated wetland.'
Developers would be allowed to build on artificial isolated wetlands without any 'notice, approval, or compensatory mitigation' so long as the build does not discharge toxic pollutants, release sediment into a stream or other surface waters, and so long as 'appropriate steps' are taken to prevent petroleum or other chemical pollutants from entering the water supply.
Additionally, while current law requires developers to pay mitigation fees ahead of time for any subdivision that may be adjacent to any wetlands, Taylor's bill would lift that requirement except for specific circumstances.
The bill also strips requirements such as cumulative impact analysis, antidegradation or mitigation in order to receive development permits and states isolated wetlands and artificial isolated wetlands 'must not be considered when determining the cumulative impact' of a subdivision or other development.
Democrats say the bill would strip state-level protections for wetlands, which are more broad than federal-level protections, and contribute to more flooding and increased costs for Tennessee taxpayers.
How much rain fell in Middle Tennessee after multiple rounds of severe weather?
According to Tennessee Democrats, state wetlands absorb billions of gallons of stormwater annually, reducing flood risks for both families and businesses.
Isolated wetlands also act as natural water filters, removing pollutants from urban and agricultural runoff, and eliminating the protections already in place would lead to more contamination for drinking water sources, including groundwater.
According to an amendment for the bill, the new wetlands definitions are as follows:
Isolated Wetland: 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
Artificial Isolated Wetland: A wetland formed in an area that would otherwise be upland as a result of prior human alternations such as drainage, fill, cropping, ditching, tile drainage, excavation, tire nuts, silviculture, or impoundment for which sufficient proof exists providing evidence that a wetland did not exist five (5( years prior to the submission of a wetland resource inventory report, or a wetland that was intentionally constructed in an upland area for the purpose of wastewater treatment, stormwater management, or other engineered use, or was inadvertently created due to changes in surface hydrology from site development, and grading or as a result of a beaver dam within the five (5) years prior to the submission of a wetland resource inventory report, and does not include wetlands that serve as fish spawning areas or wetlands created as a result of mitigation requirements
High-Quality Isolated Wetland: An isolated wetland that provides a high degree of ecologic, hydrologic, and biogeochemical functions, as measured by the department's wetland resource assessment tool
Low-Quality Isolated Wetland: An isolated wetland that provides only minimal ecologic, hydrologic, and biogeochemical functions, as measured by the department's wetland resource assessment tool
Moderate-Quality Isolated Wetland: An isolated wetland that provides only modest ecologic, hydrologic, and biogeochemical functions as measured by the department's wetland resource assessment tool
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Both the House and the Senate have amendments that largely contain the same language, according to the state capitol website. The only difference is the House version states the reports would be available starting on Aug. 1, 2026; whereas the Senate amendment states the reports would be available starting July 1, 2025.
Both amendments have the law taking effect this July.
The bill is set for discussion in the Senate Finance, Ways, and Means Committee Tuesday morning and in the House Finance, Ways, and Means Subcommittee on Wednesday, April 9.
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