Tennessee Code Title 69. Waters, Waterways, Drains and Levees § 69-3-106

(1) “Artificial isolated wetland”:

(2) “High-quality isolated wetland” means an isolated wetland that provides a high degree of ecologic, hydrologic, and biogeochemical functions, as measured by the department's wetland resource assessment tool;

(3) “Isolated wetland” means a wetland that does not have a continuous surface connection to a relatively permanent body of water that is connected to a traditional interstate navigable water and, as such, is distinguishable from that body of water;

(4) “Low-quality isolated wetland” means an isolated wetland that provides only minimal ecologic, hydrologic, and biogeochemical functions, as measured by the department's wetland resource assessment tool;  and

(5) “Moderate-quality isolated wetland” means an isolated wetland that provides only modest ecologic, hydrologic, and biogeochemical functions as measured by the department's wetland resource assessment tool.

(1) The alteration of a low-quality isolated wetland up to one (1) acre in size, a moderate-quality isolated wetland up to one-quarter ( 1/4 ) acre in size, or an artificial isolated wetland of any size is permitted by this subdivision (b)(1), and notice, approval, or compensatory mitigation is not required for such alteration if the alteration is done in accordance with the following conditions:

(2) The alteration of a low-quality isolated wetland that is greater than one (1) acre up to two (2) acres in size, or a moderate-quality isolated wetland that is greater than one-quarter ( 1/4 ) acre up to two (2) acres in size, must be regulated by a general permit for aquatic alterations pursuant to § 69-3-108(l).  The general permit required by this subdivision (b)(2) must not impose any requirements related to riparian buffer, cumulative impact analysis, or antidegradation, within the scope of this part;

(3) Compensatory mitigation is not required for alteration of a wetland subject to subdivision (b)(1) or (b)(2), except that mitigation may be required for:

(4) Unless required by federal law and except as authorized by subdivision (b)(3), additional permits, authorization, conditions, or requirements related to cumulative impact analysis, antidegradation, or mitigation are not required for activity within a wetland subject to subdivision (b)(1) or (b)(2).  Notwithstanding any requirement for reducing pollutants to the maximum extent practicable, riparian buffers are not required for wetlands subject to subdivision (b)(1) or (b)(2);

(5) An individual aquatic resource alteration permit is required for alteration of a low-quality isolated wetland or moderate-quality isolated wetland greater than two (2) acres and a high-quality isolated wetland of any size;  and

(6) The acreage requirements in this subsection (b) must be considered minimum acreage limits.  The commissioner is authorized to increase the acreage of low-quality isolated wetlands and moderate-quality isolated wetlands permitted by subdivision (b)(1) and the acreage of low-quality isolated wetlands and moderate-quality isolated wetlands subject to subdivision (b)(2) as the commissioner deems appropriate.