Last Updated 8/4/2026
Chattanooga Stormwater Management Ordinance
ARTICLE VIII. - STORMWATER MANAGEMENT
Sec. 31-314. - Private property responsibility.
A. The owner/operator of any Stormwater Control Measures (SCMs) is responsible for ensuring the proper operation and full functionality per design of each SCM on their property. The owner/operator is solely responsible for the cost of inspecting and maintaining said SCMs.
B. The owner/operator shall perform quarterly inspections, at a minimum, of all SCMs on the site. At least one of the quarterly inspections performed within a year must be performed by an individual certified in post-construction SCM inspection.
i. Inspection reports shall be submitted annually to the Water Quality Manager.
ii. Inspection documentation shall be maintained by the owner/operator for a minimum of three (3) years.
C. The owner/operator shall have comprehensive inspections conducted of all SCMs at least once every five (5) years. Such inspections must be conducted by a licensed professional engineer or landscape architect practicing within their range of competency. A comprehensive inspection report shall at least include:
i. SCM type(s);
ii. Inspection date;
iii. Map showing location of each SCM;
iv. SCM owner information (e.g., name, address, phone number, email);
v. SCM condition and functionality descriptions along with specific maintenance items/violations to be corrected in order to return SCM to designed functionality; and
vi. Photographic documentation of SCMs.
D. The City Engineer, or his/her designee, shall have the authority to inspect private drainage systems, including SCMs, within the City, and to order such corrective action(s) to said systems, as are necessary to properly maintain the major and minor drainage systems within the City.
E. All new developments, redevelopments, and retrofit sites installing Stormwater Control Measures (SCMs) shall be required to execute an Inspection and Maintenance Agreement for Private Stormwater Management Facilities (the “Agreement”). The Agreement must designate the owner/operator as the responsible party and must grant the City the right to inspect the SCMs. If the owner/operator fails to perform maintenance, after being given appropriate written notice, the Agreement shall grant authority to the City to perform the required maintenance and bill the owner/operator double the amount of the City’s cost of maintenance and enforcement.
i. Before the Agreement is approved by the City, the owner/operator must demonstrate that a stormwater inspection and maintenance contract has been secured with a certified company. Contracts must be for at least two (2) years. The contract shall contain a detailed scope of the inspection and maintenance to be performed for each SCM, as stated in the Agreement.
F. Single Family Residential Pond Program.
i. The City may perform functional maintenance for privately owned single family residential stormwater ponds or other SCMs.
ii. Functional maintenance shall be defined as significant activities needed to repair/maintain the designed flood control and/or water quality treatment. The Water Quality Manager shall be ultimately responsible for making functional maintenance determinations on a case-by-case basis.
iii. The property owner must submit an application for their SCMs to be considered in the SFR Pond Program.
iv. In order for the SCM to be accepted into the program; a Temporary Construction Easement Agreement and an Inspection and Maintenance Agreement (IMA) must be legally recorded for the property.
v. The private property owner shall remain responsible for all routine and general maintenance as stated in the IMA to ensure the SCM provides the designed flood control and/or water quality treatment.
Sec. 31-326. - Maintenance and submittal of records.
Appropriate proof and records of compliance with the provisions of the Chattanooga Land Disturbing Permit will be maintained in the office of the designated contact person and be made available for review at any time by the Manager. A copy of the records of compliance will be sent yearly on the anniversary date of the permit to the Manager.
Sec. 31-332. - Inspections.
- The Manager or his designee, bearing proper credentials and identification, may enter and inspect all properties for regular periodic inspections, investigations, monitoring, observation, measurement, enforcement, sampling and testing, to effectuate the provisions of this article and the stormwater management program. The Manager or his designee shall duly notify the owner of said property or the representative on site and the inspection shall be conducted at reasonable times.
- Upon refusal by any property owner to permit an inspector to enter or continue an inspection, the inspector shall terminate the inspection or confine the inspection to areas concerning which no objection is raised. The inspector shall immediately report the refusal and the grounds to the Manager. The Manager may seek appropriate compulsory process.
- In the event the Manager or his designee reasonably believes that discharges from the property into the Chattanooga Stormwater System may cause an imminent and substantial threat to human health or the environment, the inspection may take place at any time and without notice to the owner of the property or a representative on site. The inspector shall present proper credentials upon reasonable request by the owner or representative.
- At any time during the conduct of an inspection or at such other times as the Manager or his designee may request information from an owner or representative, the owner or representative may identify areas of its facility or establishment, material or processes which contains or which might reveal a trade secret. If the Manager or his designee has no clear and convincing reason to question such identification, the inspection report shall note that trade secret information has been omitted. To the extent practicable, the Manager shall protect all information which is designated as a trade secret by the owner or their representative.
Sec. 31-344. - Administrative enforcement remedies.
Notification of Violation
Whenever the Manager finds that any permittee or any person discharging stormwater has violated or is violating this article, or a Stormwater permit or order issued hereunder, the Manager or his agent may serve upon said user written notice of the violation. Within ten (10) days of the receipt date of this notice, an explanation of the violation and a plan for the satisfactory correction and prevention thereof, to include specific required actions, shall be submitted to the Manager. Submission of this plan in no way relieves the discharger of liability for any violations occurring before or after receipt of the notice of violation.
Consent Orders
The Manager is hereby empowered to enter into consent orders, assurances of voluntary compliance, or other similar documents establishing an agreement with the person responsible for the noncompliance. Such orders will include specific action to be taken by the industrial user to correct the noncompliance within a time period also specified by the order. Consent orders shall have the same force and effect as administrative orders issued pursuant to paragraph (4) below.
Show Cause Hearing
The Manager may order any person who causes or contributes to violation of this article or Stormwater permit or order issued hereunder, to show cause why a proposed enforcement action should not be taken. Notice shall be served on the person specifying the time and place for the meeting, the proposed enforcement action and the reasons for such action, and a request that the violator show cause why this proposed enforcement action should not be taken. The notice of the meeting shall be served personally or by registered or certified mail (return receipt requested) at least ten (10) days prior to the hearing. Such notice may be served on any principal executive, general partner or corporate officer.
Compliance Order
When the Manager finds that any person has violated or continues to violate this article or a permit or order issued thereunder, he may issue an order to the violator directing that, following a specified time period, adequate structures, devices, be installed or procedures implemented and properly operated. Orders may also contain such other requirements as might be reasonably necessary and appropriate to address the noncompliance, including the construction of appropriate structures, installation of devices, self-monitoring, and management practices.
Cease and Desist Orders
When the Manager finds that any person has violated or continues to violate this article or any permit or order issued hereunder, the Manager may issue an order to cease and desist all such violations and direct those persons in noncompliance to:
A. Comply forthwith; or
B. Take such appropriate remedial or preventive action as may be needed to properly address a continuing or threatened violation, including halting operations and terminating the discharge
Sec. 31-346. - Civil penalty.
- Any person who does any of the following acts or omissions shall be subject to a civil penalty of up to five thousand dollars ($5,000.00) per day for each day during which the act or omission continues or occurs:
A. Who fails to obtain any permit required;
B. Violates the terms or conditions of a permit issued pursuant to a pretreatment program;
C. Violates a final determination or order of the Stormwater Regulations Board; or
D. Violates any provisions of this article.
2. Any civil penalty shall be assessed in the following manner:
A. The Manager may issue an assessment against any person or permittee responsible for the violation;
B. Any person against whom an assessment has been issued may secure a review of such assessment by filing with the Manager a written petition setting forth the grounds and reasons for his objections and asking for a hearing in the matter involved before the Stormwater Regulations Board and if a petition for review of the assessment is not filed within thirty (30) days after the date the assessment is served, the violator shall be deemed to have consented to the assessment and it shall become final;
C. Whenever any assessment has become final because of a person’s failure to appeal the Manager’s assessment, the Manager may apply to the appropriate court for a judgment and seek execution of such judgment and the court, in such proceedings, shall treat a failure to appeal such assessment as a confession of judgment in the amount of the assessment;
D. In assessing the civil penalty the Manager may consider the following factors:
i. Whether the civil penalty imposed will be a substantial economic deterrent to the illegal activity;
ii. Damages to the city, including compensation for the damage or destruction of public stormwater facilities, and also including any penalties, costs and attorneys’ fees incurred by the city as the result of the illegal activity, as well as the expenses involved in enforcing this article and the costs involved in rectifying any damages;
iii. Cause of the discharge or violation;
iv. The severity of the discharge and its effect upon public stormwater facilities and upon the quality and quantity of the receiving waters;
v. Effectiveness of action taken by the violator to cease the violation;
vi. The technical and economic reasonableness of reducing or eliminating the discharge; and
vii. The economic benefit gained by the violator.
3. The Stormwater Regulations Board may establish by regulation a schedule of the amount of civil penalty which can be assessed by the Manager for certain specific violations or categories of violations.
4. Any civil penalty assessed to a violator pursuant to this section may be in addition to any civil penalty assessed by the Commissioner of Environment and Conservation for violations of T.C.A. § 69-3-115; however, the sum of penalties imposed by this section and by § 69-3-115 shall not exceed ten thousand dollars ($10,000.00) per day for each day during which the act or omission continues or occurs.
DIVISION 7. - FEES
The owner of each lot or parcel which directly or indirectly uses the stormwater system maintained by the City shall pay the water quality fees and charges as provided in this division. The owner of record as determined by the records of the Assessor of Property for Hamilton County as of October 1 shall be liable for payment of the water quality fees for that calendar year; providing nothing herein shall preclude the proration of fees between property owners.
- A water quality fee shall be assessed to the owner of each and every lot and parcel of land within the corporate City limits which directly or indirectly uses the stormwater system of the City and that contains impervious area. This fee is not related to the drinking water and/or sewer service and does not rely on occupancy of the premises to be in effect and is hereinbefore provided, and in the amount determinable as follows:
- For any such property, lot, parcel of land, building or premises that directly or indirectly uses the stormwater system of the City, such fee shall be based upon the size of impervious area situated thereon.
- All properties having impervious area within the City of Chattanooga will be assigned an Equivalent Residential Unit (ERU) or a multiple thereof, with all properties of having impervious area receiving at least one (1) ERU.
- Residential properties. All residential properties will be assigned one (1) ERU. A flat rate fee will apply to all residential properties.
- Non-residential properties. Non-residential properties will be assigned an ERU multiple based upon the properties’ individually measured impervious area (in square feet) divided by three thousand two hundred (3,200) square feet (one (1) ERU). This division will be calculated to the first decimal place and rounded according to mathematical convention
The current annual City of Chattanooga Water Quality fee is as follows:
Residential Properties — $183.54 per ERU
Non-residential Properties: — $183.54 per ERU
- A property owner’s addition of impervious areas or failure to maintain previously earned fee reductions will increase water quality fees on non-single-family residential service charges. Decreases to non-single-family fees occur via removal of impervious areas, or through installation of approved on-site runoff reduction SCMs that exceed the site’s required stay-on-volume. The application of credit coupons will not reduce water quality fees.
A. Properties that comply with regulatory requirements, such as capping contaminated soil with impermeable liners, may receive a reduction in their annual water quality fee for those portions of the property that are subject to such regulatory requirements and remain as unused open space, as long as the following conditions are completed:
i. The property owner must submit a fee appeal and attach the regulatory requirement of the application;
ii. The property owner must continuously adhere to the regulatory requirements of the property;
iii. The property owner must fence and maintain the requested unused* open space portion of the property (*The property owner shall not use the unused open space in any manner, including, but not limited to material storage, parking, drive lanes, property access, staging, etc.); and,
iv. The property owner must provide annual reporting (narrative and photographic) on or before June 30th of each year to the City to substantiate non-usage of that portion of the property.
2. Upon application by any approved applicant adequately supported by documentation, the applicant shall be entitled to a discount as provided in this section and further described in the City’s Credit and Incentive Manual.
A. Discounts are only offered to single-family residential properties through the My Tennessee program. All other water quality fee discounts described are for non-single family residential properties.
i. My Tennessee participants are eligible for a twenty-five (25%) percent, fifty (50%) percent, or seventy-five (75%) percent annual water fee discount for bronze, silver, and gold level approved applicants, respectively.
B. Discounts for new and redevelopments correspond to each one percent (1%) exceedance of the applicable stay-on-volume up to a maximum recognized fee discount.
C. Discounts for retrofits correspond to each one-tenth (0.1) inch exceedance of the applicable stay-on-volume up to a maximum recognized fee discount.
D. The minimum recognized discount is ten percent (10%).
E. The maximum discount is determined by the applicable development category under which the SOV was installed.
i. Forty percent (40%) for new development.
ii. Sixty percent (60%) for redevelopment.
iii. Seventy percent (70%) for retrofit.
3. Properties that submit a complete application for a discount prior to the close of business on November 30, 2015, may continue to be eligible for discounts under the prior system of provisions. These discounts may continue until December 31, 2039 provided no unapproved changes are made to the practices or SCMs that are the basis for the discount, all applicable forms are submitted on time, and the practices or SCMs maintain compliance with City standards.
A. Sites receiving a discount for the installation of a LID retrofit under the prior system of provisions are exempt from the December 31, 2039 sunset date and may continue to receive a discount under the prior system of provisions provided they continue to meet all maintenance and submittal requirements.
B. If properties participating in the prior system of provisions choose to apply under the provisions of this ordinance, then they will be treated like retrofit sites in regard to the SOV baseline, maximum discounts, and potential mitigation credits.
4. Proper SCM Maintenance is required to receive the discounts provided in this Section. Maintenance shall be performed according to the City’s RMG and the site specific Long Term Maintenance Plan. Annually, the property owner must submit approved inspection and maintenance reports with related pictures of the SCMs to verify that the SCMs have been properly maintained and serviced. Failure to provide this documentation by June 30 will result in the suspension of the discount for that year. The fee discount may be reinstated the following year if the inspection and maintenance forms are submitted on time and the property passes a City stormwater compliance inspection. Failure to submit forms for a second year in a row and/or failure of the compliance inspection will result in the forfeiture of the discount. Once a fee discount is forfeited, the property owner may reapply the following year for a fee discount as allowed by the most current ordinance.
5. Any property owner applying or reapplying for discounts must have a recorded Inspection and Maintenance Agreement for Private Stormwater Management Facilities designating the party or parties responsible for maintenance and granting the City the right to inspect said facilities. An inspection and maintenance plan specific to the site must be recorded with the Register of Deeds along with this Agreement.
6. Reserved.
7. The approved applicant shall apply for discounts pursuant to this section.
A. Applications shall be accompanied by proper documentation demonstrating the accuracy of the claim. To the extent that the City is satisfied that discounts are warranted by the circumstances, the bill shall be reduced as provided herein. If the fees shall have been previously paid, the City can refund or credit future billings to the extent warranted by the discount.
B. Applications must be approved by the City by March 1 in order to be applied to the previous year’s fee.
C. The City shall act upon discount applications within ninety (90) days of the receipt thereof. In the event the application is not acted upon within this time, the application shall be deemed to have been denied.
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Frequently Asked Questions
Who maintains stormwater facilities after construction in the City of Chattanooga?
The property owner is responsible for maintaining all on-site stormwater control facilities and any open space areas, such as parks or green areas, required by the approved stormwater control plan. Construction permits are only issued to projects that establish a plan for managing stormwater runoff during construction, and that maintenance obligation continues once the project is complete.
Can I reduce my stormwater fees in Chattanooga, Tennessee?
Yes. The City of Chattanooga collects stormwater fees, and businesses can qualify for fee relief by implementing best management practices (BMPs) on their property. AQUALIS can help property owners identify which BMPs would qualify and get them properly documented for fee relief.
How does the City of Chattanooga detect illicit connections to the storm sewer system?
The city’s Manager is responsible for taking steps to detect and eliminate illicit connections to the Chattanooga Stormwater System. This includes running programs to screen for illicit discharges, identify their source, and educate the public on properly managing and disposing of used oil, toxic materials, and household hazardous waste.
Can the City of Chattanooga inspect my property for stormwater compliance?
Yes. The Manager or a designated representative can enter and inspect properties for periodic reviews, investigations, monitoring, and sampling. Inspections are generally conducted at reasonable times with notice to the property owner. However, if the city reasonably believes a discharge poses an imminent and substantial threat to human health or the environment, it can inspect without notice.
The information on this page is provided for general informational purposes only and is not legal advice. Regulations change frequently — AQUALIS makes no warranty as to the accuracy or completeness of this content, and any reliance on it is at your own risk. Consult a qualified professional or your local regulatory authority to confirm requirements applicable to your specific property.
