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Memphis, TN Environmental Rules: Erosion Control (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

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
Coverage ends
20 days after completion notice

Summary

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.

It shall be unlawful for any person to permit any discharge of stormwater from a construction activity from land owned or controlled by them on a total land area of one or more acres disturbed by construction activity without having received coverage under the general permit for stormwater discharges associated with construction activity from the Tennessee Department of Environment and Conservation, with a copy of the notice of intent (N.O.I.) provided to the stormwater management section at the same address listed in section 13-40-9.

Source: Memphis Stormwater OrdinancesView official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 32 | Charter: Supplement 4).

Full Breakdown

) to be sent to the city's stormwater management section. 'Construction activity' is defined as clearing, grading or excavating disturbing more than one acre, but the chapter carves out exceptions for home gardening and landscaping, individual single-family lots in already-approved, recorded subdivisions where excavation is limited to foundation and utility trenches, agricultural practices, utility line installation confined to already-paved rights-of-way, and railroad maintenance. Section 13-40-11 separately requires any developer discharging stormwater from a construction activity, temporary or permanent, to submit a notice of intent for coverage under the state's general permit before work begins.

Section 13-40-12 requires the letter of intent to be filed with the Manager of Stormwater Management at 664 St. Jude Place, and to include the developer's name, mailing address and a site map on 8½-by-11 paper showing property boundaries one to two miles out with the receiving water identified; construction may begin as soon as the letter is submitted, without waiting for city approval. Coverage terminates 20 days after the city receives the developer's notice that construction is finished. Section 13-40-10(C) requires builders to follow the minimum erosion and sediment control best management practices set out in the Tennessee Department of Environment and Conservation's Erosion and Sediment Control Handbook on every construction site regardless of whether the site discharges stormwater, though the city may waive the BMPs at its discretion for projects under one acre.

Violations & Fines

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.

Frequently Asked Questions

When does a Memphis construction site need an erosion control permit?
Any construction activity disturbing one acre or more of land needs coverage under Tennessee's general NPDES construction stormwater permit and must send the city's stormwater management section a copy of the notice of intent, per Memphis Code Section 13-40-10. Clearing, grading or excavating are all counted toward the one-acre threshold.
What construction work is exempt from Memphis's erosion control rule?
Home gardening and landscaping, single-family lots in already-recorded subdivisions where excavation is limited to foundation and utility trenches, agricultural practices, utility line work confined to paved streets, and railroad maintenance are all excluded from the one-acre construction activity trigger, though those projects still must control sedimentation and runoff under the chapter.
Where does a Memphis developer file the erosion control letter of intent?
The letter of intent goes to the Manager of Stormwater Management at 664 St. Jude Place, Memphis, TN 38105, and must include the developer's name, address and a site map with the property and receiving water identified. Construction can start as soon as the letter is filed: the developer doesn't have to wait for city approval.

Sources & Official References

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