Environmental Rules in Chattanooga, TN

If you live in Chattanooga or are thinking about moving there, environmental rules are one of those things you probably won't think about until they affect you directly. Chattanooga has 4 specific rules on the books covering different aspects of environmental rules, and some of them might surprise you.

Flood Zones

Chattanooga regulates two overlapping flood districts under Zoning Code Sec. 38-38 and Sec. 38-39: the F/W Floodway Zone, where no fill, structure, development, encroachment or substantial improvement is permitted at all, and the F/H Flood Hazard Zone, which requires new construction to be elevated above the Base Flood Elevation, anchored against flotation, and permitted through the Land Development Office.

Key details: Floodway rule: No fill, structure or encroachment allowed. Residential freeboard: 2 ft above BFE (wood), 1 ft (slab). Nonresidential freeboard: 1 ft above Base Flood Elevation. Permit required: Development permit, Land Development Office. Variance authority: Chattanooga City Council.

Sec. 38-39(i) states that anyone who violates these regulations or fails to comply with any of these requirements will, upon conviction, be punished as provided in Article XVIII, and in addition pay all costs and expenses involved in the case, with each day a violation continues considered a separate offense. The City can also pursue other lawful remedies to prevent or correct a violation.

This is not one of those rules that cities tend to ignore. Chattanooga actively enforces its flood zones requirements.

Stormwater Management

New development and redevelopment in Chattanooga must manage the first inch of every rainstorm on-site with no discharge to surface waters, under the City's stormwater ordinance.

Key details: SOV target: first 1 inch, 100% managed. Trigger: 1+ acre disturbance. TSS alternative: filter to 80% removal. Owner duty: inspect SCMs quarterly. Full inspection: every 5 years.

Skipping required stormwater controls or letting facilities fail violates Secs. 31-313 and 31-314; the City's general penalty (Sec. 1-8) reaches $500 per day, and the City can order corrective maintenance at the owner's expense.

Erosion Control

Any grading, excavating, or filling in Chattanooga needs a City land disturbing permit before work starts, kept on-site for inspection, with fees starting at $250 per acre.

Key details: Permit: required for all grading. Fee: $250/acre or part thereof. Simple residential: $250 minimum fee. 1+ acre: also needs state NPDES permit. Issued by: Land Development Office.

Grading without a permit violates Sec. 31-322; the City's general penalty under Sec. 1-8 runs up to $500 per day, with each day of unpermitted work counted as a separate offense.

Flood Elevation Requirements

Chattanooga requires new homes and manufactured homes in mapped flood zones to elevate the lowest floor at least two feet above base flood elevation if built of wood, or one foot if built of concrete slab.

Key details: Wood construction: 2 ft above base flood elevation. Concrete slab construction: 1 ft above base flood elevation. Nonresidential buildings: 1 ft above BFE or floodproofed. Administering office: Land Development Office. FIRM effective date: February 3, 2016.

Violating the flood ordinance is punished under Article XVIII of the City Code, with each day of noncompliance a separate offense, plus recovery of the City's enforcement costs and possible loss of flood-insurance eligibility.

The Bottom Line

Chattanooga's environmental rules rules are a mixed bag. Some areas are strict, others are relaxed, and the details matter. The best approach is to check the specific rule that applies to your situation rather than assuming Chattanooga is broadly strict or permissive.

Keep in mind that Chattanooga can amend these rules at any council meeting. For the most current version of any rule mentioned here, check the specific ordinance page, where we track updates as they happen.