Grading, drainage, and post-construction stormwater quality in Hendersonville are regulated by Title 18 of the Hendersonville Municipal Code (revised September 10, 2024) and by the TDEC Permanent Stormwater Management Program standards. Site plans, grading permits, and stormwater management plans are reviewed by Public Works before the City will issue a building permit. The City maintains storm drains, manholes, driveway pipes/culverts, and regional detention ponds in the public right-of-way, but private stormwater facilities and runoff between adjacent private properties are the property owner's responsibility. The Stormwater Utility (Ord. 2017-42) funds the program.
Hendersonville's grading and drainage controls sit at the intersection of Title 18 (Stormwater) of the Hendersonville Municipal Code, the TDEC Permanent Stormwater Management Program, and the TDEC NPDES Construction General Permit TNR100000 for the land-disturbance phase. Title 18 (revised September 10, 2024) requires post-construction stormwater management for new and redeveloped sites covered by the MS4 minimum control measures, including water-quality treatment volume capture and peak-discharge controls so on-site detention does not increase downstream flooding. Post-construction BMPs are subject to maintenance obligations enforced under Title 18. The City maintains the public stormwater system — storm drains, manholes, driveway pipes/culverts within the right-of-way, drainage pipes, and regional detention ponds — and handles repair or upgrade of undersized, failed, or damaged drainage systems or structures within the public right-of-way. The City does NOT maintain private stormwater management facilities or stormwater control measures, and does NOT mediate stormwater runoff from one private property to another private property. The Public Works Operating Policies for Routine Stormwater System Maintenance set the operational details. Private owners are encouraged to reduce runoff by redirecting downspouts, planting rain gardens and trees, and installing rain barrels. The Stormwater Utility, created by Ordinance 2017-42 adopted February 13, 2018 under T.C.A. 68-221-1101 et seq., funds program operations through user fees. Drainage to Old Hickory Lake (a federal USACE reservoir) and its tributaries means downstream impacts are visible quickly — peak-discharge controls are essential.
Failing to install required post-construction stormwater controls or to follow the approved grading and drainage plan violates Title 18 and can trigger progressive Verbal Warnings, Written Notices of Violation, citations, Stop Work orders, denial or revocation of the Certificate of Occupancy, and civil penalties up to $5,000 per day per violation under the City's Enforcement Response Plan. Failing to maintain a private post-construction BMP per the approved plan is a continuing violation that can also be referred to TDEC under the MS4 permit. Concentrated runoff that floods or undermines a neighbor's property can expose the owner to nuisance liability under Tennessee common law — note that the City does NOT mediate private property-to-property runoff disputes. Unauthorized alteration of a stream channel for drainage purposes also triggers TDEC Aquatic Resource Alteration Permit (ARAP) enforcement under T.C.A. 69-3-108 with state civil penalties up to $10,000 per day. Work that reaches Old Hickory Lake federal project lands requires USACE Nashville District authorization.
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