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Lawmakers Revisit West Tennessee Wetlands Development

Tennessee lawmakers are revisiting plans to roll back state regulations that protect nearly half a million acres of Tennessee wetlands from development.

For months, the Tennessee Department of Environment and Conservation has elicited feedback from developers and conservation groups, at odds over state wetland policy, in order to achieve consensus.

Thursday’s meeting of the Senate Energy, Agriculture and Natural Resources Committee demonstrated how little agreement has been achieved thus far.

Allowing unchecked development on Tennessee’s wetlands — which serve to absorb floodwaters and replenish aquifers — could lead to flooding that will cost taxpayers “millions and millions of dollars down the road,” David Salyers, commissioner of the Tennessee Department of Environment and Conservation (TDEC), told lawmakers.

“There’s about seven million Tennesseans that hope we get this right,” Salyers said “There are future generations that depend on us to get this right.”

Developers, seeking to gain from building boom tied to Ford plant, push for weaker wetland rules

Salyer’s agency has proposed doubling the area of wetlands that can be developed without a state permit from a quarter-acre to half an acre. The agency has also proposed reducing costly payments from developers tied to the area of wetlands they propose to disturb. And it has proposed streamlining red tape.

TDEC’s recommendations followed the efforts earlier this year by Collierville Republican Kevin Vaughan, to significantly roll back wetland protections. Vaughan’s bill ultimately failed, but could be revived when the legislature reconvenes in January.

Developers who testified Thursday criticized TDEC recommendations for not going far enough to remove onerous hurdles that drive up project timelines and increase costs.

“We’re not looking at a broad redo of wetlands across the state…we’re not looking to damage the hunting lands that are out there. We’re not looking to create floods,” said Keith Grant, a West Tennessee developer, who noted that Tennessee currently has stricter protections over small and isolated wetlands than 24 states and the federal government.

Connecting the dots between Tenn.’s home builders and bill to deregulate construction on wetlands 

“Why would Tennessee be more stringent in regulating wetlands than our federal government when regulation lowers property owners values and increases housing costs for tax paying citizens of Tennessee?” he said.

Conservationists, however, noted the increase in frequency of drought and flooding Tennessee has experienced in recent years, making the natural safeguards that wetlands provide even more vital.

“This is not the right time to turbocharge the hardening of our landscapes, but if we remove our wetlands protections that is exactly what will happen,” said George Nolan, director of the Tennessee office of the Southern Environmental Law Center.

There is no action expected on state wetlands policy until the Legislature reconvenes in January.

Tennessee Lookout is part of States Newsroom, a nonprofit news network supported by grants and a coalition of donors as a 501c(3) public charity. Tennessee Lookout maintains editorial independence. Contact Editor Holly McCall for questions: info@tennesseelookout.com. Follow Tennessee Lookout on Facebook and X.

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Connecting the Dots Between Wetlands, Builders, and a Mysterious New PAC

Tennessee’s home builders stand to gain the most from a bill to remove construction restrictions on the state’s wetlands, and they’re spending like it. 

The Build Tennessee political action committee (PAC) recently donated $186,000 to state lawmakers, making the little-known group formed in July 2022 the fourth-largest spender in the six months before this year’s legislative session. The organization also hired lobbyists starting in January. 

Funding for the PAC comes from 18 people, all of whom list themselves as owners or partners in real estate or construction companies, and a limited-liability corporation called Amber Lane Development. 

But, most of the spending has come following a U.S. Supreme Court ruling in May 2023, narrowing the definition of wetlands that the federal government can regulate, shifting much of the oversight to states.

The PAC has raised $312,000 since its founding 20 months ago, doling out around $245,000to more than 90 lawmakers from both political parties, with 76 percent of that spending coming since the ruling. 

The court decision left more than half of Tennessee’s wetlands under Tennessee Department of Environment and Conservation (TDEC) purview. A large portion of the wetlands are in rural West Tennessee, where real estate markets are heating up as Ford builds its new factory in Haywood County. 

Rep. Kevin Vaughan, R-Collierville, a developer, is sponsoring a bill that would benefit developers. (Photo: John Partipilo)

TDEC’s new control and subsequent rules around wetlands construction drew the attention of Rep. Kevin Vaughan, R-Collierville, who is sponsoring the legislation that would significantly limit the department’s ability to regulate them. 

A deputy commissioner at TDEC told state lawmakers that Vaughan’s bill could result in higher back-end costs because it could worsen flooding, while environmental groups have opposed it, raising concerns that it could impact drinking water, hunting and fishing.

“Tennesseans have a long history of being stewards of our environment to the benefit of both our souls and wallets,” said Grace Stranch, CEO of Harpeth Conservancy. “It is no wonder that we are one of the fastest-growing states in the country. Growth doesn’t have to be antithetical to conserving our natural resources. Removing the long-standing protections for our wetlands sets the wrong precedent and goes against the balance necessary for the long-term interests of Tennesseans.”

Read more: Developers seeking to gain from building boom tied to Ford plant, push for weaker wetland rules.

Vaughan and West Tennessee home builders

During his time in office, Vaughan has maintained a close relationship with home builders.

He is the the owner of Township Development Services, a real estate services company based in West Tennessee. The company’s listed address is located on the same block as the office of the West Tennessee Home Builders Association, roughly 367 feet apart, according to Google Maps. 

Several of Build Tennessee’s PAC donors and its lead organizer are members of the West Tennessee Home Builders Association. 

Keith Grant — whom Build Tennessee’s PAC listed as an officer and whose email address is on the group’s lobbying disclosure form — is a former president of the West Tennessee Home Builders Association. He also donated $24,000 to the PAC. 

Grant, a prominent Collierville developer, did not respond to a request for comment.

Vaughan and his political action committee have received $9,000 from Build Tennessee. 

Other influential groups backing the legislation include the Tennessee Chamber of Commerce, Tennessee Farm Bureau, and the Associated Builders and Contractors. Each business association has spent at least $1 million since 2009 on lobbying, donations and independent expenditures to influence state lawmakers, according to a political spending database maintained by the Lookout.

• The Tennessee Chamber of Commerce: $4.4 million

• Tennessee Farm Bureau: $1.9 million

• Associated Builders & Contractors (All Tennessee chapters): $1.5 million

Anita Wadhwani contributed to this report.

Tennessee Lookout is part of States Newsroom, a nonprofit news network supported by grants and a coalition of donors as a 501c(3) public charity. Tennessee Lookout maintains editorial independence. Contact Editor Holly McCall for questions: info@tennesseelookout.com. Follow Tennessee Lookout on Facebook and Twitter.