Q: Does Tennessee law require new residential construction to contain water runoff or make provisions for such?
I live in a private community subdivision and a certain builder has been constructing new spec homes without any provisions for containment or diversion of water runoff but the obligitary silt fence. Considerable runoff from these new construction sites has been flooding and damaging existing next door properties, including my own yard. The community POA has refused to act declaring that this is a dispute between private property owners. I am more inclined to believe that this builder is in violation of the state building code by not creating a runoff containment/diversion plan as part of the building permit. As this is a private subdivision, the county inspector has said that the community has been granted overseeing rights to the building permits. Is it possible to circumvent state building regulations like this?
A: Unless the affected property owners sue in Chancery for an Injunction and possible Damages, there is no deterrent to the builder. Such a suit is expensive and you will probably need an Expert Witness. And you could easily lose. This is always a problem with subdivisions with such small lots.
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