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Tennessee Wetlands
The Importance of Tennessee's Wetlands
Wetlands play a critical role in maintaining a healthy and robust way-of-life for all Tennesseans. Among their many benefits, protected wetlands:
Having already lost up to 60% of our state’s wetlands, we cannot afford to lose any more of these wonderful and productive ecosystems.
What's going on?
Harpeth Conservancy is working with communities and partners across the state to secure statewide protections for wetlands and improve the regulatory/permitting process. Right now, our team is gearing up for the 2025 session of the Tennessee State Legislature, which begins in January 2025.
Interested in learning more? Join us on January 7 for our “Legislative Session 101 Webinar” or email Marie at mariecampbell@harpethriver.org.
Keep reading for a timeline of what’s going on with Tennessee’s wetlands!
In May 2023, the U.S. Supreme Court’s ruling on Sackett v EPA narrowed the definition of waters of the United States (WOTUS). The ruling states that wetlands must have a "continuous surface connection" to a navigable water or a relatively permanent body of water to be subject to federal regulation. Wetlands that are not connected in this way are considered "isolated wetlands" and are regulated only at the state level, if at all.
The May 2023 ruling also emphasized that states are primarily responsible for regulating water resources. Tennessee's Water Quality Control Act (1971) has been stable and effective for over fifty years. This statute prohibits the discharge of pollution to all "waters" and defines "waters" broadly to give jurisdiction to the state over waters that are not jurisdictional under federal law. Simply put, the state of Tennessee currently provides broad protections for wetlands, notably including "isolated wetlands," even though their federal protections have been newly limited by the Sackett v EPA ruling.
In the 2024 session of the Tennessee State Legislature, with federal safeguards for isolated wetlands eliminated, legislators filed a bill (HB1054/SB0631) attempting to adopt the newly limited federal definition of protected wetlands, removing protections from 55% of our remaining wetlands in the state. The bill could have resulted in separate categories of wetlands, allowing developers to build on some wetlands without a state permit or fee. Fortunately, the TN Senate Energy, Agriculture, and Natural Resources Committee voted to send the bill to "Summer Study" in order to better understand the issues at hand.
TN Senate
On March 6, the Tennessee Senate Energy, Agriculture and Natural Resources Committee voted to send SB0631 (companion bill to HB 1054), aka the wetlands bill, to summer study, effectively shelving the bill.
To catch up on the discussions from each meeting, watch the video recordings which can be found here, under the “Video” tab.
“We applaud the Senate for sending the bill to summer study to provide time for a more in-depth review. We look forward to working on solutions with all the stakeholders,” said Grace Stranch, CEO of Harpeth Conservancy, March 2023
TN House of Representatives
On January 23, January 30, and February 6, 2024, HB1054 was discussed by the Tennessee House Agriculture and Natural Resources Subcommittee. During the February 6th meeting, the bill passed by a majority vote.
On February 28, March 6, and March 13, HB1054 was discussed by the Tennessee House Agriculture and Natural Resources Committee.
On March 20, the Tennessee House Agriculture and Natural Resources Committee passed HB1054 by a majority vote, sending the bill to the Finance, Ways, and Means Committee.
To catch up on the discussions from each meeting, watch the video recordings which can be found here, under the “Video” tab.
In May 2024, in preparation for the Senate "Summer Study," TDEC began a stakeholder engagement process to gain a deeper understanding of the concerns, priorities, and suggestions on how geographically isolated wetlands should be regulated in Tennessee. As part of this effort, TDEC identified key stakeholders, conducted a survey to gather initial feedback, met twice with a Steering Committee to guide their approach, hosted the Tennessee Wetland Summit, and opened additional avenues for written and verbal feedback after the summit.
In September 2024, after months of focused engagement and a careful review of all the input received, TDEC produced a report that outlines the stakeholder engagement process and presents recommendations for consideration by the Senate.
*TDEC: Tennessee Department of Environment and Conservation
On October 3, 2024, TDEC presented their report and recommendations to the Senate Energy, Agriculture and Natural Resources Committee during their 2-hour, jam-packed “Summer Study.”
Watch the recording of the session:
News Articles (2023-Present)
By Anita Wadhwani, Tennessee Lookout
“State lawmakers are considering a rollback of protections for nearly half a million acres of wetlands in Tennessee, a proposal that is raising concerns over its potential to worsen flooding, deplete and degrade drinking water…”
“If the bill passes, experts say a small number of people will make short-term profits while causing long-lasting harm to communities and ecosystems. ‘The legislature is in this position, when this bill is in front of them…’
“Developers linked to a building boom near the new Ford plant in Tennessee are advocating for less stringent wetland rules, potentially impacting the local ecosystem and water quality…”
“An analysis of Tennessee’s home building industry reveals a concerted effort to weaken regulations on wetland construction, drawing connections between key industry players and proposed deregulations…”
“A proposed bill in Tennessee could remove legal protections from thousands of acres of wetlands, drawing criticism from environmentalists and residents who worry about increased flooding and loss of biodiversity…”
“The Tennessee Senate decided to defer a developer-backed bill that would have ended protections for thousands of acres of wetlands, putting the measure on hold for further study…”
“A controversial bill to roll back protections on more than 430,000 acres of wetlands in Tennessee has been effectively defeated, with a senate committee voting Wednesday to send the measure to a legislative study session over the summer…”
By Anita Wadhwani, Tennessee Lookout
“A controversial measure to strip Tennessee’s wetlands of protections cleared another legislative hurdle Tuesday as the state House Agriculture and Natural Resources Committee advanced the bill sponsored by Rep. Kevin Vaughan…”
“Tennessee lawmakers are revisiting a proposal to lift protections for thousands of acres of wetlands, sparking renewed debate on the impact on flood prevention and water quality…”
Media Resources
Photo by: Tim Lumley
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Wetlands also remove pollutants like PFAS, microplastics, heavy metals, and bacteria. These valuable ecosystems essentially act as natural filters, trapping and purifying water by removing pollutants and excess nutrients. In Tennessee, where various waterways crisscross the landscape, wetlands play a crucial role in maintaining water quality and preventing downstream contamination of rivers and aquifers.
The destruction of wetlands could disrupt the natural flow of water, negatively impacting fish populations and, would ultimately lead to the loss of biodiversity disrupting the delicate balance of ecosystems, impacting the overall health of Tennessee’s environment.
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In conclusion, the importance of wetlands in Tennessee cannot be emphasized enough. These ecosystems are integral to maintaining water quality, supporting biodiversity, and providing essential ecosystem services. Keep an eye on legislation such as HB1054/SB0631, which could pose a significant threat to the future of wetlands and the rivers they support across Tennessee. Lawmakers and the public must recognize the value of wetlands and work together towards policies that prioritize their conservation, ensuring a sustainable and healthy future for Tennessee’s environment and ALL of its residents.
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Events
Join us to learn the basics about the Tennessee legislature and get a preview of upcoming bills to follow related to our mission – protecting clean water and rivers in Tennessee!
For more information on wetlands, we've listed our sources below:
1. Environmental Protection Agency. (n.d.). Why are Wetlands Important?. EPA
2. Id.
3. EPA, Functions and Values of Wetlands, 2002 at https://www.epa.gov/sites/default/files/2021-01/documents/functions_values_of_wetlands.pdf
4. EPA, Wetlands: Protecting Life and Property from Flooding, 2006 at https://www.epa.gov/sites/default/files/2016-02/documents/flooding.pdf
5. USGS, National Water Summary on Wetland Resources, 1996 at https://www.fws.gov/sites/default/files/documents/National-Water-Summary-Wetland-Resources-tennessee.pdf
6. Water quality rules, reports & publications. Water Quality Rules, Reports & Publications. https://www.tn.gov/environment/program-areas/wr-water-resources/water-quality/water-quality-reports—publications.html
7. Tennessee groundwater monitoring and management – TN.Gov. https://www.tn.gov/content/dam/tn/environment/water/drinking-water-unit/wr_wq_report-groundwater-305b-2020.pdf
8. U.S. Department of the Interior. (n.d.). Why are wetlands important?. National Parks Service. https://www.nps.gov/subjects/wetlands/why.htm
9. The Dogwood Alliance. (n.d.). Tennessee State Fact Sheet. https://www.dogwoodalliance.org/esr/Tennessee-State-Fact-Sheet.pdf