Kingsport, TN Environmental Rules: Erosion Control (2026)

Division 3 of Article III in Chapter 38 governs erosion prevention and sediment control. Sec. 38-139(a) makes any land disturbance that causes off-site sedimentation, sediment discharge to waters of the state or a violation of the City's NPDES general permit a violation of the article. Sec. 38-139(b) requires a land disturbing permit for disturbance of one acre or more, or less than one acre when part of a larger common plan of development or sale that would reach one acre. The permit depends on the director approving a SWPPP and a NOC provided by the City. Under Sec. 38-139(d), no building permit issues until the owner holds and complies with the land disturbing permit.

On the ground, the owner must appoint a certified erosion prevention and sediment control inspector acknowledged by the director before work starts, and inspections follow the construction general permit. The owner must notify the director ten working days before construction begins, hold a pre-construction meeting with site operators, and give the City a copy of the signed notice of termination at completion. The director can deem any land disturbing activity a priority construction activity with added requirements.

Sec. 38-140 adopts the TDEC Erosion Prevention and Sediment Control Handbook as the design standard. Under Sec. 38-141, the SWPPP must be sealed by a qualified design professional licensed in Tennessee, and construction under the approved plan must begin within one year of the grading permit issue date or the permit is void. Sites disturbing less than one acre outside a larger plan need a small lot plan under Sec. 38-142 showing streams, silt fences, stabilized construction exits, roof drainage and concrete truck washout.

A permit expires two years from issuance, and continuing work afterward is a violation (Sec. 38-143). Exceptions include excavation under four feet deep involving no more than 100 cubic yards, and landscaping grading affecting no more than 10,000 square feet with a grade change of no more than 18 inches.