Yes — if your project disturbs one acre or more of land in Tennessee, you need a stormwater permit through TDEC before work begins. Smaller projects may also require one if they’re part of a larger development plan. What most property owners don’t realize is that the permit requirement kicks in at the clearing stage, not at construction — which means the clock starts before a single foundation is poured.
For a broader look at the full land clearing process from site assessment through completion, our Memphis land clearing guide covers what to expect at every stage.
The One-Acre Threshold and Why It Matters
Tennessee requires permit coverage for any land-disturbing activity that disturbs one acre or more of total land area — or less than one acre if it’s part of a larger common plan of development or sale that cumulatively disturbs one or more acres.
That second part catches more people than the first. If you’re clearing 0.7 acres but it’s connected to a subdivision or commercial development that totals more than an acre overall, you still need coverage. The threshold applies to the plan, not just the parcel in front of you.
Land-disturbing activities covered under the rule include clearing, grading, filling, and excavation. If your project involves any combination of those — which most clearing jobs do — assume the threshold applies and verify before mobilizing equipment.
Did You Know? TDEC fines for non-compliant sites range from $50 to $5,000 per day per violation, and projects can be shut down until they come into compliance. Catching this before work starts costs nothing. Catching it after costs real money.
What Permits You’ll Actually Need
Most land clearing projects in Tennessee that trigger the one-acre threshold require two things from TDEC: a Notice of Intent (NOI) filed through the MyTDEC portal, and a site-specific Stormwater Pollution Prevention Plan (SWPPP) submitted alongside it.
The SWPPP isn’t just a formality. It maps out exactly how your site will control erosion and runoff during active work — what barriers go in, where, and how they’ll be maintained. A licensed contractor handles this as part of the permitting process; it’s not something property owners typically write themselves.
TDEC permit fees for projects disturbing one to five acres run $250 at application, with an annual maintenance fee of $125 for projects that extend beyond one year. Larger projects scale up from there — 5 to 20 acres runs $1,000, and 20 to 50 acres runs $3,000. These are state fees only; local jurisdictions may add their own requirements on top.
Local Requirements in Shelby County and Memphis
State TDEC coverage handles the stormwater side, but Memphis and Shelby County have their own layer of requirements depending on what your project involves.
If your clearing site is within Memphis city limits and involves open burning of trees and brush, you need a separate permit from the Memphis Fire Department. Open burning in Shelby County is generally prohibited, but temporary permits can be issued at land clearing sites for controlled burning of waste trees and brush — though grinding or chipping is the preferred disposal method. Burning permits require coordination with the Shelby County Health Department’s Air Pollution Control Section, and burning is not allowed when the air quality index hits code orange or higher.
For most commercial and development-scale clearing jobs, grinding and mulching sidestep the burning permit entirely, which is one more reason forestry mulching has become the default method in this area.
Pro Tip: If your project sits near a creek, drainage easement, or any area that holds water seasonally, you may also need an Aquatic Resource Alteration Permit (ARAP) through TDEC’s Division of Water Resources. This is separate from the stormwater permit and covers any work that could affect streams or wetlands. Flag it early — ARAP review timelines can run longer than standard NOI processing.
When Permits Are Not Required
Smaller residential clearing projects — a single-family lot under one acre with no connection to a larger development plan — generally fall below the TDEC stormwater permit threshold. Agricultural land clearing can also be exempt under certain conditions, though that determination depends on the specific practice and TDEC review.
The safest move for any project near the one-acre line is to confirm directly with your contractor or the local TDEC Environmental Field Office before work starts. Assuming you’re exempt and being wrong is a more expensive mistake than making one phone call.
What Your Contractor Should Handle
A licensed land clearing contractor operating in Tennessee should know the permitting requirements for your project type and acreage. That means filing the NOI, preparing the SWPPP, coordinating with Shelby County on any local requirements, and flagging any wetland or waterway concerns that might trigger an ARAP review.
If a contractor quotes your job without mentioning permits and your property is over an acre, ask directly. It’s not an accusation — it’s a reasonable due diligence question that protects you both.
Once permits are in place and clearing wraps up, most projects move into grading, compaction, and site prep before construction begins. If an existing structure needs to come down as part of the project, our building demolition services handle structural removal and the separate permitting that goes with it, keeping your overall timeline on track.
Have questions about what your specific project needs before you clear? Contact Channell Demolition for a free on-site assessment — we walk every job and handle the permitting side so you’re not left guessing.
Frequently Asked Questions
Do you need a permit to clear land in Tennessee?
Yes, if your project disturbs one acre or more of land, you need a TDEC stormwater construction permit before work begins. Projects under one acre may still require coverage if they’re part of a larger development plan that totals one acre or more.
What permits are required for land clearing in Memphis?
Most projects over one acre need a TDEC Notice of Intent and a Stormwater Pollution Prevention Plan. Projects in Memphis that involve open burning also need a separate permit from the Memphis Fire Department and Shelby County Health Department.
How long does it take to get a land clearing permit in Tennessee?
TDEC typically processes a Notice of Intent within a few business days through the MyTDEC system. However, projects near wetlands or waterways requiring an ARAP can take significantly longer. Submit early to avoid delays to your project timeline.
What happens if you clear land without a permit in Tennessee?
Unpermitted sites can face fines ranging from $50 to $5,000 per day per violation, and TDEC can issue a stop-work order until the site comes into compliance. The cost of catching up after the fact almost always exceeds the cost of permitting upfront.
What is a SWPPP and do I need one for land clearing?
A Stormwater Pollution Prevention Plan (SWPPP) is a site-specific document that outlines how your project will control erosion and sediment runoff during clearing. It’s required alongside your NOI for any project disturbing one acre or more in Tennessee.