In unincorporated Bedford County, the cheapest piece of land to sell is one that stays above five acres. A smaller lot brings in the Planning Commission, a recorded plat, and state septic soil review. The county is now working on rules that would also start a clock: split the same farm a second time within twelve months, and the new lot could be reviewed as a major subdivision. If you own acreage and plan to sell lots over time, your lot sizes and the order of your sales now set your cost and schedule.
Where the five-acre line comes from
Tennessee's general definition of a subdivision covers two things. One is any division that requires new street or utility construction. The other is "any division of less than five (5) acres for the purpose, whether immediate or future, of sale or building development." Running a single service line from an existing main to one lot does not count as utility construction.
Bedford County's Subdivision Regulations apply that definition to every unincorporated area of the county. The county's wording of the exemption is narrower than the statute in one way. A division is exempt when the tracts are "greater in area than five (5) acres not involving any new streets, public infrastructure, or easements of access."
The county's wording leaves two practical gaps:
- A tract of exactly five acres. State law treats "less than five" as a subdivision. The county exempts tracts "greater than five." Before you survey a lot right at the line, confirm with the Planning Department how it will be treated.
- Access easements. A big tract reached by a new easement across the parent farm, with no road frontage, does not qualify for the county's exemption, however large it is.
The county also exempts two kinds of division that matter to families: testamentary divisions and court-ordered partnership divisions among owners of an undivided interest. Both are exempt only "when following the adopted rules of the Planning Commission." If you inherited land with siblings, these exemptions affect your timeline, but only if the process follows those rules.
The septic review follows the same line
The five-acre threshold shows up a second time, in the state's septic rules. The Tennessee Department of Environment and Conservation defines a subdivision as two or more lots that will use subsurface sewage systems. Divisions where every parcel is at least five acres are excluded. Covered subdivisions need a soil evaluation. For high-intensity mapping, that means the whole subdivision, the whole lot, or at least 20,000 square feet per lot next to the usable soil area.
TDEC charges for the subdivision lot evaluation on a sliding scale:
| Lots in the subdivision | TDEC lot evaluation fee |
|---|---|
| 1 to 2 lots | $150 per lot |
| 3 to 10 lots | $100 per lot |
| More than 10 lots | $1,000 for the first 10, plus $65 per additional lot |
The lot evaluation is not the septic permit itself. Every house still needs its own permit. TDEC lists a new conventional system permit at $400 for up to 1,000 gallons per day, plus a $100 construction inspection. An alternative system permit is $500 for up to 1,000 gallons per day, plus $150 for each additional 1,000 gallons or portion, and a $200 inspection. The county then collects its one-time Adequate Facilities/School Facilities Tax of $1.00 per conditioned square foot before it issues a residential building permit. On a 2,000-square-foot house, that is $2,000. Since July 1, 2026, the county's Building Codes office has also required driveway permits.
Buyers should keep this list in mind when comparing a two-acre lot to an eight-acre tract on the same road. The smaller lot has already been through the plat and soil steps, or someone still has to pay for them. Ask which.
What the county is proposing to change
Right now, Bedford County treats a split of five lots or fewer as a simple subdivision. Staff recommendations on the Planning Commission's July 28, 2026 agenda would change that "five (5)" to "three (3)" in two places in Article III. The proposal would create three tiers, all measured against a single parent parcel:
- Simple subdivision: three or fewer new lots, as long as no subdivision of the same parent parcel, or any part of it, was approved in the previous twelve months.
- Minor subdivision: four to six new lots, with the same twelve-month condition.
- Major subdivision: more than six new lots, or one or more new lots from a parent parcel that already had a subdivision approved within the previous twelve months.
The third tier is the change that matters most. Under the proposed wording, one extra lot sold eleven months after an earlier split would be reviewed as a major subdivision.
The new minor tier comes with its own requirements. The applicant would hold a predevelopment meeting with the Planning Director before submitting anything, then file a final draft plat together with a soils evaluation report. If the lots front an existing public road and need no new public road, the director could waive the preliminary plat and construction plans. A storm drainage plan or Stormwater Pollution Prevention Plan would still be required.
The rules for roads serving major subdivisions are also still moving. In July, after the planning director talked with Road Superintendent Mark Clanton, the agenda recommended an 18-foot minimum roadway width on any county road where a major subdivision is proposed. At the August 25 meeting, a county fire representative said the widest truck is about "8 foot and 10 and 0.5 inches." He called 18-foot roads manageable but said 20 to 22 feet is better where two-way traffic or tanker access is needed. Commissioners agreed to put a standard of 20 feet or more on the next agenda.
A worked example
Take a hypothetical owner with a 40-acre tract on an existing county road who wants to sell four two-acre lots along the frontage.
- Under the current regulations, four lots is within the five-lot simple subdivision limit.
- Under the July proposal, four lots is a minor subdivision. That means a predevelopment meeting, a soils evaluation report, and a stormwater plan, plus TDEC's lot evaluation at $100 per lot, or $400.
- If the owner splits off three lots now and one more lot ten months later, the second application would be a major subdivision under the proposed definition, even though it is only one lot.
- If the owner sells four tracts of more than five acres each instead, with road frontage and no new street, easement, or public infrastructure, the division falls outside the county's subdivision definition and TDEC's subdivision septic review. Each future house still needs its own septic permit, building permit, and driveway permit.
This is an illustration only. Your survey, frontage, and soils will decide your actual path, and the rules are not final.
Where the proposal stands as of October 2026
None of this has been adopted. The September 22, 2026 agenda still lists both the road width and the simple subdivision lot limits as old business, with no new business. The July agenda states that if the commission accepts or amends the proposal, it must hold a public hearing before adopting it. The county calendar shows the next Planning Commission meeting on October 27, 2026, at 7 p.m. Recent meetings have been held on the second floor of the Old Bedford County Courthouse, and each agenda includes a public comment period.
That leaves owners with a planning question rather than a reason to rush. A split approved under the current rules will still start the twelve-month lookback in the proposed definitions if they pass, because the lookback counts any prior approved subdivision of the same parent parcel. If you want more than one round of sales from the same farm, it may be better to plan all the lots in one application than to sell them a few at a time.
The wastewater piece still to come
The county is working on a related project. In November 2025, the County Commission appointed a decentralized wastewater advisory committee to work with the Planning Commission. Local real estate agent Alan Gill is chair. The other members are attorney Lynn Kasicki, Commissioners John Boutwell and Keith Davis, retired developer Denny Hastings, Samuel Coats of the Soil Conservation District, and Kasey Kesselring.
County Planning Director Chris White has described this work as a set of minimum standards for STEP and similar systems built by developers or utility companies, and has said it is not a new authority, a fee, or a change to septic law, according to T-G.
"It's about establishing sound, enforceable standards at the Planning Commission level to protect residents from unscrupulous private sewer operators."
The county's 2026 current projects page lists "Planning Department Wraps Up Its Analysis of the Report by the Wastewater Committee," but the page does not publish the standards or say they have been adopted. If you are buying in a planned development that will use a shared system, ask who will maintain it. For the same kind of lot-level septic detail in a neighboring market, our post on how Christiana septic permits set bedroom counts covers it.
Frequently Asked Questions
Do these county rules apply inside Shelbyville? The Bedford County Subdivision Regulations govern subdivision in unincorporated Bedford County. Land inside a city falls under the subdivision regulations of that city's municipal planning commission.
Is a tract of exactly five acres exempt? The state statute treats divisions of less than five acres as subdivisions. The county's exemption covers tracts greater than five acres. Get the Planning Department's answer, at (931) 685-1336, before you order a survey.
We inherited a farm. Do we need a plat to divide it? Testamentary divisions and court-ordered partnership divisions are excluded from the county's definition when they follow the Planning Commission's adopted rules. Talk with your attorney and the Planning Department about which process applies to you. This post is not legal advice.
Has the 20-foot road standard been adopted? No. As of the September 22, 2026 agenda, road width was still listed as old business.
If you own Bedford County land and are thinking about selling some or all of it, start by deciding how many lots and when, and only then set a price. Brad Fowler can help you compare whole-tract and split-lot pricing with a home valuation, point you to the right county office, and keep your sale on track while the Planning Commission finishes its work. Let's Connect.
