Proposed bill could remove legal protections on 430,000 acres of Tennessee wetlands

NASHVILLE, Tenn. (WTVF) — Down in Shelby bottoms, it's easy to spot animals on the prowl, and not just the ones on leashes. The wetlands attract birds above, fish below and while NewsChannel 5 was there, one pretty sleepy coyote.

But there's a proposal in the Tennessee legislature that has some nature lovers hoping you'll wake up.

Rep. Kevin Vaughan (R-Collierville) claims his bill would help reduce the cost of construction in Tennessee.

"What I consider to be bureaucratic overreach," said Vaughan during the House Agriculture and Natural Resources Subcommittee Tuesday. "What I’m asking for is to move the bar back more to where it’s more equitable in the benefit of landowners.

But in order to do so, it would require Tennessee to adopt the federal definition of what is considered a legally protected wetland.

"According to estimates from state regulators, it would remove the legal protection for more than 430,000 acres of wetlands in Tennessee," said George Nolan, Director of Southern Environmental Law Center's Tennessee office.

So, what is the federal definition of a wetland? Last year, the U.S. Supreme Court redefined it.

Essentially, it's only a protected wetland if it continuously connects at the surface to a permanent body of water, like a river. That means, ironically, the wetland area at Shelby Bottoms wouldn't be considered protected under the proposed bill, because it's not a continuous flow from the nearby Cumberland River.

Conservation groups and state agencies testified about all the reasons this bill could spell environmental disaster for Tennessee.

"We at TDEC fear, that the proposal proposed could result in greater end costs and burdens for Tennessee taxpayers," said Greg Young, the Tennessee Department of Environment and Conservation Deputy Commissioner.

Their reasons included reducing water quality, killing off native species and most of all, making flood prone areas that much worse.

"There is the possibility of increasing flooding," testified Alex Pellom, the Chief of Staff for the Tennessee Emergency Management Agency.

"One acre of wetland can hold a million gallons of water, that’s a lot of water," said Chris Vanags, who studies and teaches hydrology at Vanderbilt University.

Lawmakers ultimately decided to not rush to a decision, postponing a vote in the subcommittee until next Tuesday.

"All of the groups ought to just sit down in a room and come up with what’s best for the state of Tennessee," suggested Rep. Johnny Shaw (D-Bolivar.)

Conservationists applauded the restraint, saying something so valuable to animals and everyone else deserves the closer look.

"Once wetlands are filled and paved over, they’re gone forever. So we have to be very thoughtful about how we approach these natural treasures," said Nolan.