Kingsport, TN Environmental Rules: Stormwater Management (2026)
Key Facts
- Civil penalty
- $50.00 to $5,000.00 per day of violation
- Peak-flow rule
- Developed discharge at or below pre-development, 2 through 100 year storms
- Appeal deadline
- 30 days to the stormwater appeals board
- Show-cause request
- Within ten days of the penalty or order
- Spill notice to director
- No later than the next business day
- Plan exemption
- Under one acre and not part of a larger plan
Summary
In the City of Kingsport, Tennessee, Article III of Chapter 38 regulates stormwater under the City's T.C.A. § 68-221-1105 powers. Developed-site discharge cannot exceed pre-development discharge for the two year through 100 year design storms, no watercourse can be obstructed, and drainage cannot adversely impact adjacent properties or public rights-of-way. Civil penalties run from $50.00 to $5,000.00 per day.
c.Post-development versus pre-development hydrologic/hydraulic modeling that shows attenuation of developed site runoff. Developed discharge from a site shall be less than or equal to pre-development discharge for the two year through 100 year design storms; ... (a)Private drainage systems, where drainage originates in its entirety on private property and terminates on same said property, shall be the sole responsibility of the owner.(b)Private drainage originating on private property and draining to an adjacent parcel of private property shall be resolved by the owners involved. ... (e)No watercourse shall be obstructed.(f)Stormwater drainage shall not:(1)Adversely impact adjacent properties or public rights-of-way;(2)Circumvent stormwater management facilities for which that flow contribution was designed; or(3)Be directed through a curb without a permit approved by the director.
Full Breakdown
Article III of Chapter 38 applies to all areas within the City of Kingsport's jurisdiction and to all development unless exempted, and it rests on the City's power under T.C.A. § 68-221-1105 to regulate stormwater management facilities. The director administers it under Sec. 38-118 and can adopt manuals that are enforceable as if part of the article. Appeals go to the stormwater appeals board, which has four members: a Board of Mayor and Aldermen member who chairs, a planning commission member, the head of the planning department or designee, and the building official.
Development that needs a land disturbing permit must file a stormwater management plan under Sec. 38-168, stamped by a design professional, with hydraulic and hydrologic work stamped by a professional engineer licensed in Tennessee. Sec. 38-169 requires water quality treatment, a downstream impact analysis and a buffer zone, and caps developed discharge at pre-development levels for the two year through 100 year storms. Off-site mitigation must treat a minimum of 1.5 times the amount of water not treated on site. Under Sec. 38-170, developments disturbing less than one acre and not part of a larger common plan are exempt from the plan requirement.
Sec. 38-173 divides drainage duties. Drainage that starts and ends on one private parcel is the owner's sole responsibility, and drainage onto an adjacent private parcel is resolved by the owners involved. The City can join in mitigation when flooding is of significant magnitude, with director approval. No watercourse can be obstructed.
Sec. 38-305 bars any discharge to the municipal separate storm sewer system that is not entirely stormwater, subject to a list of twenty exceptions, and Sec. 38-306 prohibits illicit connections, including past ones. A hazardous release must be reported to emergency response immediately and to the director by the next business day (Sec. 38-308). Owners keep inspection and maintenance records for a minimum of five years (Sec. 38-254).
Violations & Fines
Under Sec. 38-335, any owner in violation of the article is subject to a civil penalty of not less than $50.00 or more than $5,000.00 per day, and each day can count as a separate violation. The director can also recover attorney's fees, court costs and actual damages, seek an injunction (Sec. 38-339), and issue an emergency suspension without prior notice (Sec. 38-337). Refusing entry for inspection supports a cease and desist order and withholding of a certificate of occupancy (Sec. 38-253).
Frequently Asked Questions
Who is responsible for drainage on private property in Kingsport?
What can go into the Kingsport storm sewer?
How do I appeal a stormwater penalty or order?
Does a small project need a stormwater management plan?
Sources & Official References
Other rules in Kingsport
Compare Kingsport 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.