Do You Need a Permit to Clear Land in Tennessee?
No, not for the clearing itself. Tennessee has no state permit for cutting timber or clearing trees on private land. The Division of Forestry FAQ says there are no laws and regulations on timber cutting in Tennessee. Voluntary guidelines take the place of a permit.
Four other sets of rules still reach most clearing jobs. Burning the debris takes a state burn permit from October 15 through May 15. Disturbing an acre or more takes a state stormwater permit. Montgomery County asks for plans well below that acre. Any digging takes a call to Tennessee 811 first, and Nashville and Franklin add tree rules.
Is there a state land clearing permit in Tennessee?
The state does not issue one for private property. The forestry FAQ says there are no laws and regulations on timber cutting in Tennessee.
That answer covers the trees. It does not cover the debris, the bare dirt, or the runoff. Clearing a wooded lot down to open ground usually touches at least two other rules. Confirm with the city or the county before you start, because local rules can be stricter.
| Permit | Who needs it | Where to get it | Cost |
|---|---|---|---|
| Burn permit, Division of Forestry | Debris pile fires October 15 through May 15 | Online 8 am to 11 pm, or 877-350-BURN (2876) | Free |
| Burn permit, City of Clarksville | Piles over five feet in diameter inside the city | Call 931-645-7454 the day you burn | Ask the city |
| Construction stormwater permit, TDEC | Clearing or grading of one acre or more | NOI plus a SWPPP, 30 days ahead | None under 1 acre, $250 at 1 to 5 acres, $1,000 at 5 to 20 acres |
| Stormwater concept plan, Montgomery County | Over 10,000 square feet, under half an acre | Building and Codes | Ask the county |
| Grading permit, Montgomery County | Larger county jobs, after a pre-construction meeting | Building and Codes | $250 for 1 to 10 acres |
| Tree removal permit, Nashville or Franklin | Retained, protected or heritage trees in Nashville. Trees on a lot or development site in Franklin | The city | Ask the city |
| Tennessee 811 locate request | Anyone about to dig | Tennessee 811, 3 to 10 working days ahead | Free |
Do you need a burn permit to burn brush in Tennessee?
From October 15 through May 15, yes. The Division of Forestry requires a burn permit for debris pile fires and prescribed fires. Permits are free.
Pull one online 7 days a week, 8 am to 11 pm. The phone line is 877-350-BURN (2876), Monday through Friday, 8 am to 4:30 pm Central. A permit is good for one day, so get it the day you burn.
Outside that season the Division of Forestry does not require a permit. Local restrictions still supersede the state rule, so a county or city can say no.
Under TCA 39-14-306, an open air fire in that season needs a permit. The rule covers fires within 500 feet of any forest, grassland or woodland. A violation is a Class C misdemeanor. TDEC also warns that improper outdoor burning can lead to fines up to $25,000.
A permit covers natural vegetation grown on that property, such as grass, woods, leaves and brush. Leaf piles, woody debris like branches, storm debris and prescribed fires need one. Containers with a 1/2 inch mesh screen cover, ceremonial fires and grilling do not.
TDEC lists what never goes on the pile:
- Tires and other rubber products, vinyl siding and vinyl shingles, plastics
- Building material and construction debris, buildings and mobile homes
- Most vegetation not grown on site
Leaves, branches, woody vegetation, yard trimmings and clean untreated wood may be fine to burn, subject to local rules. State air rules set conditions for burning wood waste within 200 feet of an occupied building. TCA 68-201-115(c) asks for someone to stay present, among other things.
Inside the Clarksville city limits the city ordinance controls:
- Residents may burn yard leaves without a permit, under the ordinance conditions
- A permit is required for piles larger than five feet in diameter
- No open burning of refuse, garbage or salvage materials
- No burning within 25 feet of a structure or property line
- Burn after 7 a.m. and finish before local sunset
- Call 931-645-7454 on the day you plan to burn to check whether burning is allowed
Outside the city limits in Montgomery County, the state burn permit applies.
Do you need a stormwater permit to clear an acre?
Once the disturbed area hits one acre, yes. TDEC’s construction general permit covers stormwater discharge from clearing, grading, filling and excavating of one or more acres. Smaller sites count when they are part of a larger common plan of development or sale.
The application is a Notice of Intent plus a site specific SWPPP, a stormwater pollution prevention plan. TDEC wants it at least 30 days before land disturbing activities start. The fee is $250 for 1 to 5 acres, and $1,000 at 5 to 20 acres.
Erosion control work goes with a permit like that. Silt fence, rock check dams, a stabilized construction entrance and cover on bare slopes are usual measures. Work that disturbs or alters a stream or wetland needs a separate Aquatic Resource Alteration Permit from TDEC.
What does Montgomery County require for grading and clearing?
The county comes in well below the state’s one acre line. A project that disturbs more than 10,000 square feet, but less than half an acre, needs a plan. That stormwater concept plan goes to Building and Codes, and the coordinator reviews it within 15 business days.
Larger jobs move up to a grading permit. The county does not issue one without a pre-construction meeting first. The package includes a SWPPP prepared to the Tennessee Erosion and Sediment Control Handbook. It names a stormwater contact who holds TN EPSC Level 1 certification.
The county land disturbance fee is $250 for 1 to 10 acres disturbed. Work has to start within six months of the date it was issued. Ask Building and Codes where your job falls, since the approved plan drives the pad and grading work that follows.
Do Nashville and Franklin have tree removal rules?
Yes, and these are city rules. Franklin’s zoning ordinance covers trees on a lot or development site. They are not removed or disturbed unless a plan or permit allows it. Single family residential lots of one acre or less that are not noted as critical lots are exempt. Trees on the current Invasive Exotic Pest Plants list are exempt too.
In Metro Nashville, no person may remove or damage a retained, protected or heritage tree without a permit. That permit comes from the zoning administrator, unless an exemption applies.
Confirm the rules with the city before a job inside either one.
Do you have to call Tennessee 811 before clearing?
Before any digging, yes. State law asks for notice at least three, and not more than ten, working days ahead. Three working days means 72 hours, not counting weekends and holidays. The locate request is free.
Mark the proposed excavation area in white first, with flags, paint or stakes. A ticket is valid for 15 calendar days after the legal start date.
Pulling stumps and trenching for water lines and electrical conduit both move dirt. The call comes before that part starts.
Who pulls the permits on a clearing job?
The property owner or the builder pulls the permits. We work to the approved plans. On builder jobs the grading permit and the SWPPP are usually in hand when we get there.
The owner also decides what happens to the debris. It gets burned on site where the rules allow it, or hauled off. Burning between October 15 and May 15 means someone pulls the free state permit that day.
Land clearing on lots and acreage is our work out of Woodlawn, just west of Clarksville. We cover Montgomery County and travel toward Nashville and Franklin. Estimates are free, so call or text (931) 572-8673.