Planning staff reviews updated stormwater resolution, proposes appeal board and 10% runoff reduction standard

Planning staff presented a draft update to the county's stormwater resolution on Oct. 5, 2025, saying the revision is intended to align local regulations with recent state permit changes, clarify an appeals process and inspection procedures, and add a minimum runoff reduction requirement for new construction. The revision was discussed at a study session and no votes were taken.

The draft would designate the county's Board of Zoning Appeals (BZA) as the appeals body for stormwater disputes that previously had no functioning appeals board, staff said. The presenter said state law authorizes civil fines of up to $5,000 per day for stormwater violations but the county has not used that authority because it lacks a standing local appeals panel. The presenter said, "I've never felt comfortable assessing fines without the appeals board in place," explaining the change is intended to reduce legal exposure if enforcement goes to court.

Why this matters: the state's construction general permit and related EPA requirements were updated in recent years, and the presenter said the county's last resolution change was 2017. The draft attempts to bring local rules into compliance with the Tennessee Department of Environment and Conservation (TDEC) permit conditions, staff said.

Key provisions discussed included: - Appeals and enforcement: the draft explicitly assigns appeals to the BZA and clarifies inspection and enforcement procedures. Staff noted the authority to assess fines exists under state law but had not been used because an appeals path was not in place. - Permanent stormwater controls and water quality: staff added a provision requiring applicants to show a measurable post-development runoff reduction; the draft text the presenter described requires at least a 10% reduction in an applicant's post-construction runoff relative to pre-development conditions unless documented constraints prevent it. The presenter said there may be limited legal exceptions or engineering waivers where compliance is infeasible. - Permit term and extensions: the draft sets the land-disturbance permit term at 24 months from issuance with eligibility for extensions; staff said this replaces a prior practice that split time allowances into separate start and completion windows and that the 24-month single term aims to reduce confusion. - Public outreach and education: the presenter noted the state permit increased emphasis on outreach, but said that outreach requirement is broader than a single county resolution and was not fully incorporated in the draft.

Staff and commissioners clarified that some technical permit requirements are mandatory under state and federal law while others are local policy choices. Staff said consultants (CEC Simple Environmental Consultants) and internal reviewers, including Marshall and Joe Phillips, worked on the draft and that TDEC review comments had been minor.

No formal action was taken at the study session. Staff said the draft will be revised to incorporate commissioner feedback and returned for additional review. Commissioners asked for added clarity in the draft about when an engineering waiver could be granted and asked that topographic submissions include elevation labels so reviewers can see slope direction.

Ending: Staff reiterated the update is intended to modernize the county's stormwater controls to reflect recent federal and state permit changes and to provide clear administrative pathways for inspection, enforcement and appeals. The item will return for further review and possible future formal action.