Sumner County, TN Environmental Rules: Stormwater Management (2026)
Key Facts
- Trigger threshold
- 1 CFS discharge increase, 100-year storm
- Applies to
- Major Subdivisions of 3+ lots, Site Plans
- Burden of proof
- On applicant's engineer, not County
- Appeal body
- Private engineering firm, County's choosing
- Appeal cost
- Borne entirely by applicant
- Maintenance
- Transfers to HOA/POA by recorded agreement
Summary
Sumner County presumes every Major Subdivision of three or more lots and every Site Plan needs a stormwater detention or water quality facility. The developer's engineer, not the County, carries the burden of proving otherwise, and any built facility must transfer to a homeowners' association under a recorded maintenance agreement.
A. When determining whether a Stormwater Management Facility such as a detention/water quality treatment facility shall be required for a Major Subdivision containing three (3) lots or more or a Site Plan, the following criteria shall be utilized... If any one (1) or more of the following criteria are met, the developer shall be required to construct such facility... 1. Post construction Stormwater discharge increase, at an individual outfall discharging onto an adjacent land area, of one (1) Cubic Foot per Second (CFS) or greater during the 100 year storm event... B. Burden of Proof Upon the Applicant's Engineer: It shall be assumed that detention or other Stormwater Management Systems and Facilities shall be required for all Major Subdivisions and Site Plans. The burden of proof that the above criteria are not met shall be upon the applicant's Engineer, and not upon the County.
Full Breakdown
Section 803 of Chapter 8 of the Sumner County Zoning Resolution sets the criteria for requiring a Stormwater Management Facility on Major Subdivisions of three or more lots or a Site Plan. Under Section 803(A), the County requires a detention or water quality treatment facility if any one of four triggers is met: a post-construction discharge increase of one cubic foot per second or more at an outfall during the 100-year storm; a demonstrated inadequacy in a downstream drainage structure; a discharge into a stream the Tennessee Department of Environment and Conservation has rated as having unavailable parameters; or a post-construction flow pattern causing ponding, damage or erosion on downstream properties.
Section 803(B) flips the presumption: detention is assumed required for every Major Subdivision and Site Plan, and the applicant's engineer, not the County, bears the burden of certifying in writing on a County-issued form that the criteria are not met; a missing certification gets the Construction Plans rejected and pulled from that month's Planning Commission agenda. Section 803(C) lets an applicant appeal a disagreement with the County Engineer in writing to the Planning and Engineering Director, who has ten business days to forward it to a private engineering firm of the County's choosing whose determination is final and whose review costs, per Section 803(D), fall entirely on the applicant, with outstanding invoices due before the item can go on the Planning Commission agenda.
Section 803(E) requires a recorded Stormwater Maintenance and Inspection Agreement that transfers from the developer to the Homeowner/Property Owner Association, and Section 803(F) makes this Chapter control over any conflicting County document.
Violations & Fines
Failing to submit the required engineer's certification results in the Construction Plans being rejected and excluded from that month's Planning Commission agenda under Section 803(B). Appeal review costs against a disputed determination fall solely on the applicant under Section 803(C)-(D), and any outstanding invoice must be paid before the application can return to the agenda.
Frequently Asked Questions
When does Sumner County require a stormwater detention facility?
Who has to prove a stormwater facility isn't needed?
Can I appeal Sumner County's stormwater facility determination?
Who maintains a stormwater facility after construction?
Sources & Official References
Other rules in Sumner County
Compare Sumner County to another location·View the Tennessee environmental rules overview
See something wrong?
Help us keep this page accurate. If you notice an error or outdated information, let us know.