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TennesseeSB 0670114th General Assembly (2025-2026)SenateWALLET

AN ACT to amend Tennessee Code Annotated, Title 4; Title 11, Chapter 14, Part 4; Title 66; Title 67, Chapter 4, Part 4 and Title 69, relative to wetlands.

Sponsored By: Brent Taylor (Republican)

Became Law

Water Pollution

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Bill Overview

Analyzed Economic Effects

5 provisions identified: 3 benefits, 0 costs, 2 mixed.

Simpler permits and clear mitigation

Beginning July 1, 2025, some isolated wetlands can be altered with no notice, approval, or mitigation. Low‑quality up to 1.0 acre qualify. Moderate‑quality up to 0.25 acre qualify. Artificial isolated wetlands of any size qualify. You must prevent toxic discharges, keep sediment out of streams and surface waters, and respond immediately to any petroleum or chemical spill. Low‑quality over 1.0 and up to 2.0 acres, and moderate‑quality over 0.25 and up to 2.0 acres, use a general permit. That general permit cannot require riparian buffers, cumulative‑impact checks, or antidegradation under this part. Any high‑quality isolated wetland, and any low‑ or moderate‑quality isolated wetland over 2.0 acres, requires an individual permit. Mitigation is usually not required in the small‑size or general‑permit ranges. Exceptions: moderate‑quality above 0.25 up to 1.0 acre may require up to 1:1; moderate‑quality above 1.0 up to 2.0 acres may require up to 2:1; low‑quality above 1.0 up to 2.0 acres may require up to 1:1. More mitigation is allowed only if federal law requires it. Existing permanent onsite stormwater controls must be credited when computing any mitigation. The commissioner may raise the acreage limits for the small‑size and general‑permit categories.

Faster wetland reviews with third‑party reports

Beginning July 1, 2025, a wetland report prepared and certified by a third‑party wetland professional is presumed correct if it follows department procedures. It must include a delineation using the U.S. Army Corps manual (Jan. 1987) and supplements, any isolation details, and a quality score from the state’s assessment tool. The commissioner has 30 days to raise a significant question for reports with 10 or fewer wetlands, and 60 days for reports with more than 10. If the commissioner raises a question, they must decide presence, extent, isolation, and quality within 30 days and give reasons. You can appeal the commissioner’s decision to the Water Quality Control Board within 30 days.

Isolated wetlands excluded from impact reviews

Beginning July 1, 2025, state permit reviews must not count isolated or artificial isolated wetlands when adding up a project’s cumulative impacts. State water‑quality certifications under Clean Water Act section 401 also must not count these wetlands for cumulative impacts or common plans of development, unless federal law requires it. This rule applies even when the same project also includes wetlands that are under federal jurisdiction.

Annual report on wetlands permits and fees

Beginning July 1, 2025, the Division of Water Resources must send a report by August 1 each year. The first report is due August 1, 2026, covering the prior fiscal year. It lists the number of wetlands permit applications and the mitigation method for permits that require mitigation. If an in‑lieu fee program or a mitigation bank is used, the report must name the sponsor, the number of credits sold for the project, and the money the sponsor received.

New system to classify isolated wetlands

Beginning July 1, 2025, the law defines isolated wetlands and artificial isolated wetlands. Artificial isolated wetlands include wetlands formed in uplands by past human changes or recently built for stormwater or wastewater, with a five‑year look‑back. The law excludes wetlands created as mitigation and those used for fish spawning. It sets three quality levels—low, moderate, and high—measured with the department’s wetland assessment tool. The tool must be posted for at least 30 days of public comment and then approved by the environmental board before use. The board also sets the detailed class criteria through its formal rulemaking.

Sponsors & Cosponsors

Sponsor

  • Brent Taylor

    Republican • Senate

Cosponsors

  • Joey Hensley

    Republican • Senate

Roll Call Votes

All Roll Calls

Yes: 163 • No: 44

House vote • 4/21/2025

FLOOR VOTE: REGULAR CALENDAR PASSAGE ON THIRD CONSIDERATION 4/21/2025

Yes: 71 • No: 21

Senate vote • 4/14/2025

FLOOR VOTE: Motion to Table Amend# 3 by Senator Campbell Third Consideration 4/14/2025

Yes: 26 • No: 6

Senate vote • 4/14/2025

FLOOR VOTE: as Amended Third Consideration 4/14/2025

Yes: 25 • No: 6

Senate vote • 4/14/2025

FLOOR VOTE: Motion to Table Amend# 4 by Senator Campbell Third Consideration 4/14/2025

Yes: 26 • No: 6

Senate vote • 4/9/2025

SENATE FINANCE, WAYS AND MEANS COMMITTEE

Yes: 8 • No: 3

Senate vote • 3/19/2025

SENATE ENERGY, AGRICULTURE AND NATURAL RESOURCES COMMITTEE

Yes: 7 • No: 2

Actions Timeline

  1. Pub. Ch. 437

    5/15/2025

  2. Effective date(s) 07/01/2025

    5/15/2025

  3. Signed by Governor.

    5/9/2025Senate

  4. Transmitted to Governor for action.

    5/1/2025Senate

  5. Signed by H. Speaker

    4/30/2025House

  6. Signed by Senate Speaker

    4/29/2025Senate

  7. Enrolled and ready for signatures

    4/25/2025Senate

  8. Subst. for comp. HB.

    4/21/2025House

  9. Am. withdrawn. (Amendment 1 - HA0225)

    4/21/2025House

  10. Passed H., Ayes 71, Nays 21, PNV 1

    4/21/2025House

  11. Rcvd. from S., held on H. desk.

    4/15/2025House

  12. Senate adopted Amendment (Amendment 2 - SA0403)

    4/14/2025Senate

  13. Amendment tabled (Amendment 3 - SA0413)

    4/14/2025Senate

  14. Amendment tabled (Amendment 4 - SA0414)

    4/14/2025Senate

  15. Amendment withdrawn. (Amendment 1 - SA0164)

    4/14/2025Senate

  16. Passed Senate as amended, Ayes 26, Nays 6

    4/14/2025Senate

  17. Engrossed; ready for transmission to House

    4/14/2025Senate

  18. Placed on Senate Regular Calendar for 4/14/2025

    4/11/2025Senate

  19. Placed on Senate Finance, Ways, and Means Committee calendar for 4/9/2025

    4/9/2025Senate

  20. Recommended for passage with amendment/s, refer to Senate Calendar Committee Ayes 8, Nays 3 PNV 0

    4/9/2025Senate

  21. Action deferred in Senate Finance, Ways, and Means Committee to 4/9/2025

    4/8/2025Senate

  22. Rule #83(8) Suspended, to be heard in Senate Finance, Ways & Means Committee on 4/8/2025

    4/7/2025Senate

  23. Placed on Senate Finance, Ways, and Means Committee calendar for 4/8/2025

    4/7/2025Senate

  24. Recommended for passage with amendment/s, refer to Finance, Ways & Means Committee Ayes 7, Nays 2 PNV 0

    3/19/2025Senate

  25. Placed on Senate Energy, Ag., and Nat. Resources Committee calendar for 3/19/2025

    3/13/2025Senate

Bill Text

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