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Stormwater staff proposes tighter review for lots over 5 acres, new fees for 'critical lot' reviews
Summary
Stormwater staff told the commission that lots larger than 5 acres sometimes avoid county review and can include water features or steep slopes that create public-safety and drainage risks; staff proposed new review requirements and higher fees to cover engineering reviews.
Stormwater staff told the Wilson County Road Commission on March 13 that lots larger than 5 acres can bypass routine county technical review and that practice has allowed “critical lots” — parcels with blue-line streams, steep slopes, or other features — to be sold without engineering assessment.
The staff member said the county currently reviews parcels under 5 acres or parcels that are part of a subdivision plan, but that sites created as deeds over 5 acres may not receive the hydraulic-delineation (HD) or technical review needed to identify streams, buffers, historic sites or endangered-species concerns. The speaker said those omissions can leave future lot buyers with surprise requirements — for example, an ARAP (aquatic-resource alteration permit) or engineered culvert and bridge designs — after purchase.
To close the gap, staff proposed requiring a stormwater-signature or checklist for lots over 5 acres that would document whether an HD or other technical review is needed. Staff said they would bring a formal proposal and draft fee changes to the commission and planning commission for review. On fees, the staff member said the county’s current lot fee (about $37.75) should be raised to $50 per lot and that a higher review fee for critical-lot plans is needed to cover the county’s cost of engineering review. The speaker said the county currently pays roughly $290 on average to hire outside engineers to review critical-lot plans and indicated the fee should be set to cover that cost.
Staff described how TDEC and federal programs intersect with local review: an HD conducted by TDEC or a certified consultant identifies waters of the state and can trigger an ARAP and additional engineering requirements; the county’s NPDES/MS4 permit and subdivision regulations provide legal authority to require technical reviews and to set fees. The staff said regional planners and TDEC personnel have recently discussed the county’s authority and that the county’s stormwater sub-regulations and the MS4 permit provide a legal path to require the reviews.
The commission did not vote on the proposal at the March 13 meeting. Staff said they will circulate a draft ordinance and fee schedule, bring the item to the planning commission for review, and return to the commission for consideration.
