Clarksville's Environmental Rules: The Rules That Matter

Every city handles environmental rules a little differently. In Clarksville, Tennessee, there are 5 distinct rules that residents and property owners should be aware of. Some are stricter than what neighboring cities enforce, and others are more relaxed. Here is what you need to know.

Coastal Development

Tennessee is landlocked, so no coastal program exists. Building near the Cumberland and Red Rivers instead runs through the Floodway Overlay District in Zoning Ordinance 9.2, which requires a development permit before any development activity.

Key details: Coastal program: None; Tennessee is landlocked. Governing rule: Zoning Ordinance 9.2, Floodway Overlay. NFIP community number: 470137. Flood Insurance Study: Dated January 15, 2021. Administrator: Director of Streets.

Violating the floodway overlay, or the conditions attached to a variance, is a misdemeanor punishable as other misdemeanors are punishable under Tennessee law.

Compared to other cities, Clarksville takes a harder line on coastal development. The enforcement and penalty structure reflects that.

Stormwater Management

The City of Clarksville is a Phase II MS4 permittee in its own right under TDEC permit TNS075205, separate from Montgomery County. Title 12, Chapter 3 of the city code implements it, run by the Director of Streets.

Key details: MS4 permit: TNS075205, Phase II general permit. Permitting agency: TDEC, Nashville field office. County permit: Montgomery County holds TNS075621 separately. Quality permit trigger: One acre, or hot spot use. Local administrator: Director of Streets.

Civil penalties of $50 to $5,000 per day, each day separate. The Director of Streets may block a discharge, issue stop work orders, and have utility service denied to a noncompliant property.

This is not one of those rules that cities tend to ignore. Clarksville actively enforces its stormwater management requirements.

Erosion Control

Clarksville Code section 12-304 requires erosion prevention and sediment controls on land disturbance over one acre, or under an acre when part of a common plan. Grading permits cover land disturbing activity, with narrow exemptions.

Key details: Threshold: One acre, or common plan of development. Fill exemption: 100 cubic yards or less. Permit: Grading permit from Street Department. Pre-construction conference: Required before permit issues. Off-site sediment: Unlawful under section 12-308.

Civil penalties run from $50 to $5,000 per day, each day a separate violation. The Director of Streets may issue a stop work order; ignoring it is grounds for arrest.

This is not one of those rules that cities tend to ignore. Clarksville actively enforces its erosion control requirements.

Grading & Drainage

Section 12-305 requires storm water detention and conveyance on land development that needs a grading permit. The main exemption is small: developments disturbing no more than 10,000 square feet of land area in total.

Key details: Detention exemption: 10,000 square feet or less disturbed. Design standard: Clarksville Storm Water Management Manual. Plan preparer: Qualified registered professional. Drainage course changes: Written consent of Director of Streets. Occupancy: Certificate withheld until compliance certified.

Civil penalties of $50 to $5,000 per day apply. The city may withhold a certificate of occupancy and direct the Gas and Water Department to deny utility service to a noncompliant property.

Flood Zones

Clarksville participates in the NFIP and regulates development in FEMA-designated flood zones. The Cumberland River and Red River create significant flood hazard areas. New construction in SFHAs must meet strict elevation requirements.

Key details: NFIP Participant: Yes. Major Flood Features: Cumberland River, Red River. Standard: Lowest floor at or above BFE. Insurance: Required in SFHAs with federal mortgage. Review: Regional Planning Commission.

Building in flood zones without proper permits and elevation certificates violates local and federal regulations. Non-compliant structures may be denied flood insurance.

This is one of the stricter rules in Clarksville's municipal code. If you are unsure whether your situation complies, it is worth checking with the city before proceeding.

The Bottom Line

Clarksville is tougher than many cities when it comes to environmental rules. Out of the 5 rules covered here, 4 are rated strict. If you are a homeowner, renter, or business owner in Clarksville, take the time to understand these requirements before they become a problem. Most violations come with fines, and some repeat violations can escalate.

These rules come from Clarksville's publicly available municipal code. For complete penalty schedules, exemption details, and answers to common questions, see the individual ordinance pages throughout this guide.