What are wetland protections? Why do they matter to the Aquifer? 2023 marked a major shift in how the federal government defines wetland protections -- and the 2025 Tennessee Legislature has rolled back wetland protections across the state.
In the summer of 2023, the U.S. Supreme Court ruled in Sackett v. EPA that "isolated wetlands" are no longer considered Waters of the U.S. This is a major shift from how the federal government defines the natural areas. The new ruling changes what is protected and would need a permit to disturb during construction projects. The Army Corp of Engineers is revising what is and isn't protected under the new rule, leaving it up to states to protect and regulate isolated wetlands locally.
Rep. Kevin Vaughan (R-Collierville) had introduced a trigger bill the 2023 Tennessee General Assembly that would have rolled back Tennessee's protection of wetlands to match the new federal ruling. The bill was contentious and was put on hold. As a developer, he is frustrated with regulations and wants as little red tape as possible as West Tennessee experiences historical growth. Due to the outcome of Sackett v. EPA, Rep. Vaughan reintroduced the bill in January 2024 to meet that new definition and remove all protections for 440,000 acres of wetlands in Tennessee.
We helped stop that bill and move it to Summer Study. After hours of stakeholder meetings, the compromise was largely ignored and a new system for wetlands ultimately passed in April 2025.
Tennessee has had wetland protections since the 1970s with the passage of the Tennessee Water Quality Control Act of 1977. This law requires any construction that would disturb or destroy wetlands to be permitted and offset - using a credit system to restore wetlands in other areas. Rep. Vaughan and proponents of the HB0541 | SB0670 have stated there is too much red tape and that not all wetlands hold the same value.
After the bill's introduction, a broad coalition of environmental organizations, including Protect Our Aquifer, started working together to stop this bill and keep our local wetland protections. There is some merit to streamlining the permitting process and creating high, moderate, and low value definitions for wetlands. Our goal is to get it out of the political realm and base wetland protections on science and common sense.
Tennessee Lookout compiled the known isolated wetlands across the the state and the vast majority are in West Tennessee and over the Aquifer's Recharge Zone. They are also in close proximity to Blue Oval City - Ford Motor Company’s $5.6 billion electric truck plant that is slated to open by the end of 2026.
After reviewing political contributions, it became clear that developers interested in West Tennessee are the driving forces behind this bill. A political action committee was created by the developers and became the 4th largest contributors to lawmakers in the state.
On March 6, 2024 the Senate Energy, Ag, & Natural Resources committee sent SB 0631 to "summer study" - where TDEC Commissioner David Salyers promised the Senate committee there would be a formal study and process to address the valuation and categorization of wetlands.
POA joined the diverse group of farmers, private industry, homebuilders, and environmental organizations to find a compromise that could work for all parties.
In October 2024, a recommendation report was presented to the Senate Committee that outlined a path forward to streamline permitting process while keeping smart wetland protections.
Once introduced in 2025, it was clear the original sponsors did not intend to follow the stakeholder recommendations. We were able to secure a series of amendment that keep our isolated wetlands protection, but numerous loopholes still passed. Those included:
🔹 No Cumulative Impacts Considered
The bill does not require adding up small wetlands across a single property—so landowners could clear multiple <1 acre wetlands without regulation. These "small" wetlands add up to big losses for flood protection and aquifer recharge.
🔹 No Voluntary Wetlands Fund
Stakeholders proposed a voluntary conservation fund for landowners who want to preserve wetlands beyond regulatory requirements. This bill ignores that idea completely.
🔹 Adds a New Loophole: "Artificial Wetlands"
A vague and overly broad category of “artificial wetlands” is introduced—including wetlands created by beavers! These should be defined by the Water Quality Board, like other categories in the bill (low, moderate, high quality).
🔹 Loopholes Everywhere
HB 541 allows stormwater detention areas to count as wetlands, excludes riparian buffers, and lacks clear terms. These definitions matter—and their absence invites confusion and exploitation.
While it is not the bill we wanted to pass, without partnerships across the state and your advocacy and engagement we would have lost ALL protections for isolated wetlands.
Next up, the TN Water Quality Board will conduct a "rulemaking" process to create new definitions for low, moderate, and high quality wetlands.
