Franklin's Environmental Rules: The Rules That Matter

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

Flood Zones

Franklin participates in the National Flood Insurance Program (NFIP) and is regulated by the FEMA Flood Insurance Rate Maps (FIRMs) for Williamson County. Updated FIRMs were approved by the Franklin Municipal Planning Commission on December 2, 2024 and ratified by the Board of Mayor and Aldermen (BOMA) before the federal deadline. The Harpeth River runs directly through downtown Franklin and creates extensive Special Flood Hazard Areas (SFHAs) along Franklin Road, downtown, and the West Harpeth, Spencer Creek, and McEwen Creek tributaries. The Floodplain Administrator in Building and Neighborhood Services issues free flood-zone determinations at (615) 550-6631.

Key details: Local Administrator: Building & Neighborhood Services — Floodplain Administrator. Contact: (615) 550-6631 — free flood-zone determinations. Community ID: Williamson County 470204 (Franklin Community). FIRM Update: Adopted by FMPC Dec 2, 2024; BOMA ratified. Substantial Improvement: 50% of market value triggers full compliance.

Building, filling, or substantially improving a structure in the SFHA without a floodplain development permit violates the Franklin Floodplain Development ordinance and federal NFIP requirements under 44 CFR Part 60. Enforcement runs through Codes/Building and Neighborhood Services with Stop Work orders, denial of the Certificate of Occupancy, and civil penalties under T.C.A. 13-7-208 enforcement provisions. Federal consequences are larger: a noncompliant structure can jeopardize the entire community's NFIP eligibility and Community Rating System status; the property can be subject to FEMA Section 1316 denial of flood insurance; and the owner can be disqualified from federal disaster assistance. Lenders typically refuse to close on SFHA-located property without a compliant elevation certificate. Filling or altering a stream channel without authorization also triggers TDEC ARAP (Aquatic Resource Alteration Permit) violations under T.C.A. 69-3-108 with civil penalties up to $10,000 per day.

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

Stormwater Management

Franklin is a Phase II MS4 community permitted by the Tennessee Department of Environment and Conservation (TDEC) and runs its stormwater program out of Title 23 of the Franklin Municipal Code (Stormwater Management). As of August 1, 2017, the City operates as a TDEC-approved Qualified Local Program (QLP), which means Franklin processes Notices of Intent, reviews SWPPPs, and issues Notices of Coverage on behalf of TDEC for construction sites inside the city limits. Because Franklin sits directly on the Harpeth River and its tributaries (West Harpeth, Spencer Creek, McEwen Creek, Mill Creek), the program emphasizes riparian buffers, post-construction water quality, and illicit discharge control. The program is administered by Engineering Stormwater Management; coordinator phone (615) 791-3218, email stormwater@franklintn.gov.

Key details: Governing Code: Franklin Municipal Code Title 23 (Stormwater Management). MS4 Permit: TDEC NPDES Phase II MS4 General Permit. QLP Status: Qualified Local Program effective Aug 1, 2017. Construction Permit: TDEC CGP TNR100000 issued locally. Six MCMs: Per federal Phase II MS4 framework (40 CFR 122.34).

Violations of Title 23 are enforced by the Engineering Department Stormwater Coordinator and the Codes Department. Remedies include Stop Work orders on active construction sites, Notices of Violation, civil penalties under Section 23-1 enforcement provisions (up to $10,000 per day per violation under T.C.A. 68-221-1106 for MS4 violations enforced through the state framework, with daily accrual), withholding of the Certificate of Occupancy, and required restoration at the violator's expense. Illicit discharges may also be referred to TDEC Division of Water Resources for additional state enforcement under the Tennessee Water Quality Control Act, T.C.A. 69-3-115, which authorizes state civil penalties up to $10,000 per day per violation and criminal sanctions for willful discharges. Franklin's QLP status itself can be suspended by TDEC if the City fails to administer the CGP consistent with TNR100000 requirements.

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

Grading & Drainage

Grading, drainage, and post-construction stormwater quality in Franklin are regulated by Title 23 of the Franklin Municipal Code, including the green stormwater infrastructure requirement of Section 23-101. Since January 1, 2014, all new development and redevelopment in Franklin that disturbs one acre or more must incorporate green infrastructure practices and follow the City's runoff reduction methods. Site plans, grading permits, and stormwater management plans are reviewed by Engineering before the City will issue a building permit. Cost and difficulty are explicitly NOT valid grounds to seek an alternative-practices exemption from the City Engineer.

Key details: Governing Code: Franklin Municipal Code Title 23 (esp. Sec. 23-101). Green Infrastructure: Required for >=1 acre development since Jan 1, 2014. Exemption Test: Site-specific physical constraint only; NOT cost or difficulty. SWPPP Threshold: 1 acre (state) / 5,000 sq ft local if no permanent BMP. BMP Maintenance: Recorded agreement required; City inspects.

Failing to install required green stormwater infrastructure or to follow the approved grading and drainage plan violates Title 23 (including Section 23-101) and can trigger Stop Work orders, Notices of Violation, denial or revocation of the Certificate of Occupancy, civil penalties up to $10,000 per day per violation under T.C.A. 68-221-1106 enforcement provisions, and required restoration at the violator's expense. Failing to maintain a recorded post-construction BMP per the approved maintenance agreement is a continuing violation that can be referred to TDEC under the MS4 permit. Concentrated runoff that floods or undermines a neighbor's property can expose the owner to nuisance liability under Tennessee common law. Unauthorized alteration of a stream channel for drainage purposes also triggers TDEC Aquatic Resource Alteration Permit (ARAP) enforcement under T.C.A. 69-3-108.

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

Erosion Control

Franklin enforces erosion and sediment control through Title 23 of the Franklin Municipal Code and through the TDEC NPDES Construction General Permit (CGP) TNR100000, which Franklin issues locally as a Qualified Local Program. Sites disturbing one acre or more (or less than one acre if part of a larger common plan of development or sale) require a full Stormwater Pollution Prevention Plan (SWPPP) and a Notice of Coverage under TNR100000. Smaller Franklin sites disturbing 5,000 square feet or more that do not install permanent BMPs also require a SWPPP submitted to Engineering. Erosion Prevention and Sediment Control measures must follow the TDEC Erosion and Sediment Control Handbook.

Key details: Governing Code: Franklin Municipal Code Title 23 + TDEC CGP TNR100000. State Permit Trigger: 1 acre (or part of common plan of development). Local SWPPP Trigger: 5,000 sq ft if no permanent BMPs installed. QLP Authority: Franklin issues NOCs locally (since Aug 1, 2017). Stabilization Deadline: Within 14 days of last disturbance.

Franklin enforces EPSC violations through Stop Work orders, Notices of Violation, withholding of the Certificate of Occupancy, and civil penalties up to $10,000 per day per violation as authorized by T.C.A. 68-221-1106 (Stormwater Management Act) and Title 23. Operating without coverage under TNR100000 on a site disturbing one acre or more, or operating without an approved SWPPP, can also trigger direct TDEC enforcement under the Tennessee Water Quality Control Act (T.C.A. 69-3-115) with civil penalties up to $10,000 per day per violation and possible criminal sanctions for willful violations. Sediment reaching the Harpeth River or its tributaries triggers the most serious enforcement because of the river's impaired-water listings. Franklin's QLP authority can also be revoked by TDEC if the City fails to enforce CGP requirements.

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

The Bottom Line

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

Keep in mind that Franklin 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.