Third-Party ARAP General Permits

Beginning October 1, 2024:

Tennessee Code Annotated, Section 68-221-403(z)(1):

For a general aquatic resource alteration permit to authorize wetland alterations, a person may engage a third-party wetland professional to review an application submitted pursuant to subdivision (b)(1) in lieu of department review. After the applicant has submitted an aquatic resource inventory and the department has concurred with this inventory, a third-party wetland professional may submit a permit application review to the department in a form required by the department.
 

Third-Party Wetland Professional Registration:

A "third-party wetland professional" means an individual who is:

1. Certified as a professional wetland scientist by the Society of Wetland Scientists or another wetland certifying entity acceptable to the department;
2. Completed at least five wetland delineations in Tennessee;
3. Committed to completing the updated TRAM course within a year of being offered;
4. Registered with the department as a third-party wetland professional, having met the qualifications required by the department; and
5. Not employed by the department.

A third-party wetland professional shall not conduct a permit application review if the third-party wetland professional has a conflict of interest.

In reviewing a third-party wetland professional's permit review filed pursuant to this subsection (z), the department's determination that a conflict of interest exists constitutes grounds for rejection.

If you qualify, you may register with TDEC as a third-party wetland professional by completing this registration form and e-mailing it to water.permits@tn.gov

For a list of third-party wetland professionals, please send a request to water.permits@tn.gov.
 

How to Submit a Third Party Application Package for Coverage Under the Minor Alterations to Wetlands Permit:

An applicant who seeks coverage under a general permit must submit an application for Aquatic Resource Alteration Permit (form CN-1091) together with the basic requested information (listed below) to the environmental field office for that region. The regional office information is found on the application form.

The permit application package must include:

(A) The appropriate fee
(B) A copy of the completed application (Form CN-1091)
(C) A completed and signed sworn statement under penalty of perjury by the third-party wetland professional, stating the following:

(i) The name and registration number of the third-party wetland professional;
(ii) The application complies with this part and the rules adopted pursuant to this part;
(iii) The proposed activity is eligible for coverage under a specified general permit to authorize impacts on wetlands;
(iv) There are no remaining deficiencies with the application; and·
(v) All information in the application is complete; and
(vi) Such other information as the department may reasonably require.

What to Expect:
Within ten (10) business days after receipt of the Application Package the department shall review the submission and:

1. Approve the submission and issue a Notice of Coverage under the General Permit for Minor Alterations to Wetlands
2. Reject the submission and submit a report of deficiencies found in the submission to the third-party wetland professional and applicant; or
3. Request additional information needed to determine compliance with Section 68-221-403(z)(1).
4. If the department fails to approve, reject, or request additional information concerning the permit application review within ten (10) business days of submission, the department shall refund the entire associated fee but will still complete the review.