Environmental Rules in Memphis, TN

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

Flood Zones

Any development within a Special Flood Hazard Area in Memphis or unincorporated Shelby County requires a development permit before work begins, under the joint Unified Development Code. The City Engineer administers the rule inside Memphis; the County Engineer administers it in the unincorporated county. Violators face a $50 fine per day of noncompliance.

Key details: Governing provision: UDC § 8.8.3, Floodplain Overlay District. Applies to: City of Memphis and unincorporated Shelby County. Permit required: Before any development activity in flood hazard area. Administrator: City Engineer (Memphis) or County Engineer (county). Flood map: FIRM Community Panel No. 47157C.

Sub-Section 8.8.3.H makes violating the Floodplain Overlay District chapter, or failing to comply with any permit condition or variance safeguard, punishable by a fine of not more than $50.00, with each day the violation continues counted as a separate offense. The Administrator can also issue a stop-work order for uncorrected elevation certification deficiencies, and the City or County may pursue other lawful enforcement action.

Flood Elevation Requirements

New residential construction and substantial improvements in a Memphis or Shelby County flood hazard area must have the lowest floor, including any basement, elevated at least 24 inches above the base flood elevation when BFE data exists. Where no BFE data is available, the floor must sit at least three feet above the highest adjacent grade.

Key details: Freeboard requirement: 24 inches above base flood elevation. Applies to: New construction and substantial improvements. No-BFE standard: 3 feet above highest adjacent grade. Governing provision: UDC § 8.8.5.B, Specific Standards. Certification required: Registered surveyor, engineer or architect.

Sub-Section 8.8.3.H applies the same enforcement to freeboard violations as to any other breach of the Floodplain Overlay District chapter: a fine of not more than $50.00, with each day of noncompliance a separate offense. The Administrator can also withhold sign-off, since incomplete or deficient elevation certification under Sub-Section 8.8.4.B must be corrected before further work is allowed to proceed.

Erosion Control

Any construction activity in Memphis that disturbs one acre or more of land must obtain coverage under Tennessee's general NPDES construction stormwater permit and send the city a copy of the notice of intent, under Memphis Code Section 13-40-10. Developers must also file a letter of intent with the stormwater management office and follow the state's Erosion and Sediment Control Handbook's best management practices at every site.

Key details: Governing section: Memphis Code § 13-40-10. Trigger threshold: 1+ acre of land disturbed. Required filing: Notice of intent + letter of intent. LOI filing address: 664 St. Jude Place, Memphis TN. BMP standard: TDEC Erosion & Sediment Control Handbook.

Discharging stormwater from an unpermitted construction site is enforceable under the same Chapter 13-40 remedies as any other stormwater violation: the director of public works can issue a notice of violation, compliance order or cease-and-desist order, and prosecute the failure as a misdemeanor under Section 13-40-28. The city can also assess a civil penalty of $50 to $5,000 per day under Section 13-40-29, appealable to the Memphis Stormwater Board within 30 days.

Stormwater Management

Memphis Code Chapter 13-40 bans dumping trash, petroleum products, paints, pesticides and 29 other listed contaminants into the city's storm sewer system, and declares any stormwater violation a public nuisance under Section 13-40-4. The Division of Public Works' stormwater manager, based at 125 N. Main, enforces the chapter, and violators face a misdemeanor charge plus a civil penalty of $50 to $5,000 per day.

Key details: Governing chapter: Memphis Code Ch. 13-40, Stormwater Management. Enforcing office: Division of Public Works stormwater manager. Civil penalty: $50–$5,000 per day of violation. Criminal penalty: Misdemeanor; each day a separate offense. Appeal deadline: 30 days to Memphis Stormwater Board.

Violating Chapter 13-40 is a misdemeanor under Section 13-40-28, with each day of noncompliance a separate offense punishable under the city's general penalty, Section 1-24-1. The director of public works can also assess a civil penalty of $50 to $5,000 per day under Section 13-40-29, after 30 days' written notice, plus recovery of the city's investigation and enforcement costs. A violator has 30 days to appeal a civil penalty or damage assessment to the Memphis Stormwater Board before it becomes final and enforceable as a chancery court judgment.

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

The Bottom Line

Memphis'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 Memphis is broadly strict or permissive.

Keep in mind that Memphis 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.