Construction activity regulated.
Memphis Code of Ordinances § 13-40-10
in effectSec. 13-40-10. - Construction activity regulated.
A. It shall be unlawful for any person to permit any discharge of stormwater from a construction activity from land owned or controlled by them on a total land area of one or more acres disturbed by construction activity without having received coverage under the general permit for stormwater discharges associated with construction activity from the Tennessee Department of Environment and Conservation, with a copy of the notice of intent (N.O.I.) provided to the stormwater management section at the same address listed in section 13-40-9.
B. The term "construction activity" shall mean any clearing, grading, or excavating that results in the disturbance of more than one acre of total land area. The term shall not include the following:
1. "Surface mining" as the same is defined in T.C.A. § 59-8-202;
2. Such minor construction activities as home gardens and individual home landscaping, home repairs, home maintenance work and other related activities which result in minor soil erosion;
3. The construction of single-family residences when built separately on lots within subdivisions which have been approved and recorded in the office of the Shelby County Register that are not a part of a larger common plan of development; provided that excavation is limited to trenches for the foundation, basements, service and sewer connections, and minor grading for driveways, yard areas and sidewalks;
4. Individual service and sewer connections for single or two family residences;
5. Agricultural practices involving the establishment, cultivation or harvesting of products of the field or orchard, preparing and planting of pasture land, forestry land management practices including harvesting, farm ponds, daily operations, and livestock and poultry management practices and the construction of farm buildings;
6. Any project carried out under the technical supervision of the Soil Conservation Service of the United States Department of Agriculture;
7. Construction, installation or maintenance of electrical, natural gas, telephone and cable television lines or poles;
8. Installation, maintenance, and repair of any underground public utility lines when such activity occurs in an existing hard surface road, street or sidewalk, provided the activity is confined to the area of the road, street or sidewalk which is hard surfaced and a street, curb, gutter or sidewalk permit has been obtained;
9. Construction, repair or rebuilding of track or other related facilities of a railroad company;
These activities may be undertaken without formal notice; however, the persons conducting these excluded activities shall remain responsible for otherwise conducting those activities in accordance with the provisions of this chapter and other applicable law including responsibility for controlling sedimentation and runoff.
C. Best management practices for construction activities. The minimum standards for controlling erosion and sedimentation to prevent or minimize the discharge of stormwater from a construction activity, shall be set forth in the Tennessee Department of Environment and Conservation's "Erosion and Sediment Control Handbook" as adopted and amended from time to time. These erosion and sediment control best management practices ("BMPs") apply to all construction activity regardless if there is a discharge of stormwater from the construction site. The city subject to its sole discretion may waive these BMPs for any construction less than one acre.
(Code 1985, § 33-222; Ord. No. 4538, § 1, 11-18-1997; Ord. No. 5116(part), 2005; Ord. No. 5446, § 2, 4-3-2012)
Source: City of Memphis, Code of Ordinances and Charter and Related Laws (Municode Library, library.municode.com)URL: https://library.municode.com/tn/memphis/codes/code_of_ordinances?nodeId=TIT13PUSE_CH13-40STMAPOCO_ART1GEPR_S13-40-10COACREFetched: 10/28/2026