Wilson County stormwater staff says county lacks clear authority to require 5‑acre plat stormwater note

Wilson County stormwater staff told the Urban Type Facility Board on June 5 that a legal review did not find clear authority to require survey plats for parcels larger than five acres to carry a stormwater notice; staff said it will pursue voluntary cooperation from local surveyors and complete a 30‑day public comment period on the county’s state report.

Stormwater staff member James Payne said May inspections were about average at roughly 50 reviews for the month. Payne described an educational outreach effort in District 4 focused on properties that include waters of the state and summarized the county’s five‑acre plan protocol.

County legal counsel (identified in the meeting as Mike) said he reviewed state planning law and stormwater permit requirements and told the board he did not find explicit authority to require a plat note for sales of parcels larger than five acres. “I just don't think we have authority,” he said, noting that much of the stormwater enforcement authority is derived from state and federal MS4 (Municipal Separate Storm Sewer System) program requirements that local governments must implement.

Payne and the county attorney discussed the practical problem that property buyers might not learn about MS4‑related stormwater obligations unless plats or planning commission processes flag them. Payne said several local surveyors have agreed, voluntarily, to add an informational note to plats for parcels over five acres; he named Crockett Surveying as one that has agreed to do so. The board discussed asking surveyors formally to include a note, while recognizing the county lacks clear enforcement authority to mandate it.

Payne said the county must complete a 30‑day public comment period for the state report; the board discussed advertising the comment period in the local paper and making the report available at the county office. Payne indicated the public comment period would be advertised and that comments would be accepted through July 31.

Board members approved Payne’s stormwater report by voice vote. Counsel said he will continue researching the statutory authority and offered to convene a meeting with state officials or with planning staff in Nashville if necessary. Payne said he intends to place the state report on the July agenda and follow the advertised 30‑day comment period before returning to the board with any required action items.

The meeting record shows discussion and direction for staff follow‑up; no new ordinance, regulatory change or mandatory plat requirement was adopted at the June 5 meeting.