Hamilton County, TN Environmental Rules: Erosion Control (2026)
Key Facts
- Permit trigger
- 1+ acre disturbed, or common plan of development
- Permit term
- Expires 12 months after issuance
- Review deadline
- 30 calendar days, deemed approved if missed
- Civil penalty range
- $50 to $5,000 per day
- Inspector certification
- TN EPSC Level I, plan reviewers Level II
- Enforcing office
- Hamilton County Water Quality Program
Summary
Unincorporated Hamilton County requires a land disturbance permit before grading or clearing one acre or more, or a smaller site that is part of a larger common plan of development. The Hamilton County Water Quality Program reviews erosion control plans and inspects sites monthly.
A. Mandatory. A land disturbance permit from the Program will be required in the following cases: (1) Land disturbing activity that disturbs one (1) or more acres of land; (2) Land disturbing activity that disturbs less than one (1) acre of land if such activity is part of a larger common plan of development that affects one or more acres of land as determined by the Program Manager.
Full Breakdown
A of the Hamilton County Water Quality Program Rules and Regulations makes a land disturbance permit mandatory for any land disturbing activity that disturbs one or more acres, for smaller disturbances that are part of a larger common plan of development affecting an acre or more, and for any smaller disturbance the Program Staff determines poses a unique threat to the water environment or public health or safety. Applicants submit a permit application with two components, construction activity and permanent stormwater management, on a Program form, along with the fee set under the Standard Operating Procedures.
B(4)(i) requires implementation of appropriate erosion prevention and sediment control best management practices in accordance with the TDEC EPSC Handbook, and where the receiving stream is impaired or an Exceptional Tennessee Water, the design storm and a Level II-certified preparer are required, plus a sediment basin sized for a 5-year, 24-hour storm on drainage areas of 5 or more acres. Under Section 10, anyone planning construction disturbing an acre or more must submit erosion control plans for review, and that Erosion Control Plans Review fee covers on-site inspections of the installed measures; a separate re-inspection charge applies if the Program finds the measures improperly installed, prematurely removed, damaged, or otherwise failed.
B(5) gives Program Staff 30 calendar days to review a complete application, with another 30 days for a resubmittal after rejection; if staff misses the deadline the permit is deemed approved by default, but no work may start until the permit issues or the review clock runs out. Permits expire 12 months after issuance and must be renewed in writing to continue work. Program inspectors hold Tennessee Fundamentals of Erosion Prevention and Sediment Control Level I certification and site plan reviewers hold the Level II Design Course certificate.
A confirms the Program's rules reach designated unincorporated areas of Hamilton County along with Collegedale, East Ridge, Lakesite, Lookout Mountain, Red Bank, Ridgeside and Soddy-Daisy, so Chattanooga's own code does not govern this requirement.
Violations & Fines
Failing to properly install or maintain sediment and erosion control measures, or building without the required permit, is a civil offense under Section 11. The Program Manager may assess a civil penalty of not less than $50 and not more than $5,000 per day, with each day of violation a separate offense; penalty amount factors include harm to public health or the environment, economic benefit gained, and remedial effort. The Program can also recover damages, investigation costs, and facility maintenance costs, and may seek an injunction; remedies are cumulative, not exclusive.
Frequently Asked Questions
Do I need an erosion control permit to grade my lot in unincorporated Hamilton County?
How long does Hamilton County have to review an erosion control permit application?
What happens if erosion control measures fail on a Hamilton County site?
Sources & Official References
Other rules in Hamilton County
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