Hendersonville, TN Environmental Rules: Erosion Control (2026)
Key Facts
- Trigger
- Any land disturbance needs permit first
- 1-acre threshold
- Full EPSC plan + buffer + water design
- Plan preparer
- Registered engineer/landscape architect, TDEC Level 2
- Permit expiration
- 6 months inactivity, or 3 years max
- Civil penalty range
- $50 to $5,000 per day of violation
- Appeal deadline
- 15 days to Appeals Board, § 18-212
Summary
Any land-disturbing project in Hendersonville needs a Land Disturbance Permit before grading begins, and disturbances of an acre or more, or any commercial or industrial site, must also carry an approved Erosion Prevention and Sediment Control plan sealed by a Tennessee-registered engineer or landscape architect.
1.General. New development and redevelopment projects must be designed in accordance with the following table... 2.Building permit. No building permit shall be issued until the applicant has obtained a land disturbance permit where the same is required by this chapter. 3.Exemptions. The following activities are considered to be exempt from the requirements of a land disturbance permit:a.Any emergency activity that is immediately necessary for the protection of life, property, or natural resources;b.Surface mining as is defined by Tennessee Code Annotated, § 59-8-202; andc.Any forestry or agricultural activities that are consistent with the definitions in Section 18-202. These activities may be undertaken without a land disturbance permit; however, the person conducting these excluded activities shall remain responsible for conducting these activities within accordance with provisions of this chapter and other applicable regulations including responsibility for controlling sediment, illicit discharges, and runoff.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 4).
Full Breakdown
Hendersonville Municipal Code Section 18-203 (Land Disturbance and Permanent Stormwater Standards) sets a sliding scale of requirements keyed to Table 18-1: any land use under one acre of disturbance needs a Land Disturbance Permit and Erosion Prevention and Sediment Control (EPSC) plan, commercial or industrial sites under one acre must add a Water Quality Riparian Buffer and Water Quality Design, and any project at or above one acre, or part of a larger common plan of development, must satisfy all four requirements. No building permit issues until the applicant has obtained a land disturbance permit where the same is required by this chapter.
The chapter exempts emergency work necessary to protect life or property, state-defined surface mining, and forestry or agricultural activity, though those actors still must control sediment, illicit discharges, and runoff. EPSC calculations and plans must be prepared by a registered engineer or landscape architect holding an active TDEC Level 2 certification; a permit expires after six months of no site activity, upon permanent stabilization, on issuance of a TDEC Notice of Termination, or three years after issuance, whichever comes first. The City Engineer can require a surety bond, in the form of a letter of credit or cashier's check, sized to the estimated cost of the required stormwater controls, released only after an as-built plan stamped by a registered engineer or landscape architect is approved. Applicants get a written decision within 30 days: approval, conditional approval with stated conditions, or denial with the reasons for denial.
Violations & Fines
Section 18-210 lets the City Engineer assess a civil penalty of not less than $50 and not more than $5,000 per day for each day a violation continues, weighing harm to public health or the environment, economic benefit gained, and cleanup costs; the City can also recover damages and stormwater-maintenance costs. A violator may appeal a civil penalty in writing to the three-member Appeals Board within 15 days under Section 18-212.
Frequently Asked Questions
Do I need a permit to grade my lot in Hendersonville?
Who is exempt from the land disturbance permit?
Who can prepare my erosion control plan?
What happens if I disturb land without a permit?
Sources & Official References
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