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Shelby County, TN Environmental Rules: Erosion Control (2026)

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

Key Facts

Threshold
1+ acre disturbed, or part of a larger 1+ acre plan
Permit needed
State TDEC general construction stormwater permit
Notice copy to
Shelby County Engineer, Stormwater Mgmt. Section
BMP standard
Memphis & Shelby County Drainage Design Manual
Enforcement
Manager can stop construction (Sec. 36-85)

Summary

Any construction disturbing one acre or more in unincorporated Shelby County needs a state stormwater discharge permit before work starts, with notice of intent copied to the County Engineer's Stormwater Management Section. The County Engineer approves erosion and sediment control measures and can halt work that lacks them.

City-specific rules exist: Memphis has its own erosion control rules that differ from Shelby County's county-level regulations. If you live in Memphis, check the city-specific page instead.

It shall be unlawful for any person to permit any discharge of stormwater from a construction activity originating from land owned or controlled by them on a total land area of one or more acres disturbed by construction activity or less than one acre if part of a larger common plan of development of at least one acre, without a general permit for stormwater discharges associated with construction activity from the state department of environment and conservation, with a copy of the notice of intent provided in the stormwater management section at the same address listed in section 36-83.

Full Breakdown

Shelby County Code Sec. 36-84 makes it unlawful to discharge stormwater from a construction activity disturbing one acre or more (or part of a larger common plan of development of at least one acre) without a state Department of Environment and Conservation general permit for construction stormwater discharges. The notice of intent for that state permit must be copied to the Shelby County Engineer's Stormwater Management Section at 160 North Main Street, Suite 350, Memphis. A handful of activities are exempt from the formal notice, including home gardens and individual landscaping, home repairs and maintenance, individual sewer/service connections for single- or two-family residences, established agricultural practices, NRCS-supervised projects, and utility line work confined to an already hard-surfaced road, street or sidewalk with a street/curb/sidewalk permit.

Exempt activities still must control erosion and sedimentation under the rest of the article. Best management practices are set by the Memphis and Shelby County Drainage Design Manual (MSCDDM), adopted and amended by resolution of the Board of County Commissioners; until that manual is finalized, the state's erosion and sediment control handbook controls. Sec. 36-84 also requires a stormwater pollution prevention plan (SWPPP) to be provided to the County Engineer as part of project approval, with the project subject to favorable review by both the County Engineer and the state department.

Sec. 36-85 backs this up: construction is only allowed when permitted and, when the manager or building permits official deems it appropriate, when construction plans have been approved. The manager can stop construction on properties lacking adequate erosion prevention and sedimentation control measures.

Violations & Fines

Discharging construction stormwater without the required state permit and county notice violates Sec. 36-84. The manager may stop construction on any site under Sec. 36-85 that lacks adequate erosion prevention and sedimentation control, and the County Engineer must sign off before work resumes. Both sections trace to Ord. No. 292 (Sec. 30-121 to Sec. 30-123), adopted December 6, 2004.

Frequently Asked Questions

Do I need a permit to build a home addition in unincorporated Shelby County?
Only if the disturbed land area reaches one acre, or your project is part of a larger common plan of development covering at least one acre. Under those thresholds, a state TDEC construction stormwater permit is required with notice copied to the County Engineer's Stormwater Management Section under Sec. 36-84.
Is home gardening or landscaping exempt from Shelby County's erosion rules?
Formal notice is exempted for minor activities like home gardens, individual landscaping, home repairs and maintenance under Sec. 36-84(b)(1), but you're still responsible for controlling any resulting erosion and sedimentation under the rest of the article.
What happens if a Shelby County construction site lacks erosion controls?
The manager can stop construction under Sec. 36-85 when a site lacks adequate erosion prevention and sedimentation control measures, and the project needs a favorable review from the County Engineer and the state department before work continues.

Sources & Official References

Other rules in Shelby County

All Shelby County rules

Compare Shelby County to another location·View the Tennessee environmental rules overview

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