§ 38-34. Minimum requirements for erosion and sedimentation control.

(a)

General provisions. Excessive soil erosion and resulting sedimentation can take place during land-disturbing activities. Therefore, plans for those land-disturbing activities which are not excluded by this section shall contain provisions for application of soil erosion and sedimentation control measures and practices. The provisions shall be incorporated into the erosion and sedimentation control plans. Soil erosion and sedimentation control practices shall conform to the minimum requirements of O.C.G.A. § 12-7-1 et seq. and of subsections (b) and (c). The application of measures and practices shall apply to all features of the site, including street and utility installations, drainage facilities and other temporary and permanent improvements. Measures shall be installed to prevent or control erosion and sedimentation pollution during all stages of any land-disturbing activity.

(b)

Minimum requirements/BMPs.

(1)

Best management practices as set forth in O.C.G.A. § 12-7-6 and in this section shall be required for all land-disturbing activities. Proper design, installation and maintenance of best management practices shall constitute a complete defense to any action by the director or to any other allegation of noncompliance with paragraph (2) of this subsection or any substantially similar terms contained in a permit for the discharge of stormwater issued pursuant to subsection (f) of O.C.G.A. § 12-5-30, the "Georgia Water Quality Control Act." As used in this subsection, the terms "proper design" and "properly designed" mean designed to control soil erosion and sedimentation for all rainfall events up to and including a 25-year, 24-hour rainfall event and in accordance with the hydraulic design specifications in the "Manual for Erosion and Sediment Control in Georgia" specified in O.C.G.A. § 12-7-6(b).

(2)

A discharge of stormwater runoff from disturbed areas where best management practices have not been properly designed, installed and maintained shall constitute a separate violation of any land-disturbing permit issued by the issuing authority or by the division or of any general permit for construction activities issued by the division pursuant to subsection (f) of O.C.G.A. § 12-5-30, the "Georgia Water Quality Control Act," for each day on which discharge results in the turbidity of receiving waters being increased by more than 25 nephelometric turbidity units for waters supporting warm water fisheries or by more than ten nephelometric turbidity units for waters classified as trout waters. The turbidity of the receiving waters shall be measured in accordance with guidelines to be issued by the director. This paragraph shall not apply to any land disturbance associated with construction of single-family homes not part of a larger common plan of development or sale unless the planned disturbance for such construction is equal to or greater than five acres.

(3)

Failure to properly design, install or maintain best management practices shall constitute a violation of any land-disturbing permit issued by the issuing authority or by the division or of any general permit for construction activities issued by the division pursuant to O.C.G.A. § 12-5-30(f), "Georgia Water Quality Control Act," for each day on which such failure occurs.

(4)

The director may require, in accordance with regulations adopted by the board, reasonable and prudent monitoring of the turbidity level of receiving waters into which discharges from land-disturbing activities occur.

(c)

The rules and regulations, ordinances or resolutions adopted pursuant to this section governing land-disturbing activities shall require, at a minimum, protections at least as stringent as the state general permit, and best management practices, including sound conservation and engineering practices to prevent and minimize erosion and resultant sedimentation, which are consistent with, and no less stringent than, those practices contained in the "Manual for Erosion and Sediment Control in Georgia" published by the state soil and water conservation commission as of January 1 of the year in which the land-disturbing activity was permitted, as well as the following:

(1)

Stripping of vegetation, regrading and other development activities shall be conducted so as to minimize erosion;

(2)

Cut-fill operations must be kept to a minimum;

(3)

Development plans must conform to topography and soil type so as to create the lowest practical erosion potential;

(4)

Whenever feasible, natural vegetation shall be retained, protected and supplemented;

(5)

The disturbed area and the duration of exposure to erosive elements shall be kept to a practicable minimum;

(6)

Disturbed soil shall be stabilized as quickly as practicable;

(7)

Temporary vegetation or mulching shall be employed to protect exposed critical areas during development;

(8)

Permanent vegetation and structural erosion control measures shall be installed as soon as practicable;

(9)

To the extent necessary, sediment in run-off water must be trapped by the use of debris basins, sediment basins, silt traps or similar measures until the disturbed area is stabilized. As used in this paragraph, a disturbed area is stabilized when it is brought to a condition of continuous compliance with the requirements of O.C.G.A. § 12-7-1 et seq.;

(10)

Adequate provisions must be made to minimize damage from surface water to the cut face of excavations or the sloping surface of fills;

(11)

Cuts and fills may not adversely affect adjoining property;

(12)

Fills may not encroach on natural watercourses or constructed channels so as to adversely affect other property owners;

(13)

Grading equipment must cross flowing streams by means of bridges or culverts, except when such methods are not feasible and provided, in any such case, that such crossings are kept to a minimum;

(14)

Land-disturbing activity plans for erosion and sedimentation control shall include provisions for treatment or control of any source of sediments and adequate sedimentation control facilities to retain sediments on-site or preclude sedimentation of adjacent waters beyond the levels specified in subsection 38-34(b)(2) of this Code;

(15)

Except as provided in paragraph (16) of this subsection, there is established a 25-foot buffer along the banks of all state waters, as measured from the point where vegetation has been wrested by normal stream flow or wave action, except where the director determines to allow a variance that is at least as protective of natural resources and the environment, where otherwise allowed by the director pursuant to O.C.G.A. § 12-2-8, or where a drainage structure or a roadway drainage structure must be constructed, provided that adequate erosion control measures are incorporated in the project plans and specifications and are implemented; provided, however, that buffers of at least 25 feet established pursuant to part 6 of article 5, chapter 5 of title 12, the "Georgia Water Quality Control Act," shall remain in force unless a variance is granted by the director as provided in this paragraph. A stream buffer of 25 feet in width shall be maintained in addition to the 25-foot state waters buffer. The following requirements apply to any such buffer:

a.

No land-disturbing activities shall be conducted within a buffer and a buffer shall remain in its natural undisturbed state of vegetation until all land-disturbing activities on the construction site are completed. Once the final stabilization of the site is achieved, a buffer may be thinned or trimmed of vegetation as long as a protective vegetative cover remains to protect water quality and aquatic habitat and a natural canopy is left in sufficient quantity to keep shade on the stream bed; provided, however, that any person constructing a single-family residence, when such residence is constructed by or under contract with the owner for his or her own occupancy, may thin or trim vegetation in a buffer at any time as long as protective vegetative cover remains to protect water quality or aquatic habitat and a natural canopy is left in sufficient quantity to keep shade on the stream bed; and

b.

The buffer shall not apply to the following land-disturbing activities, provided that they occur at an angle, as measured from the point of crossing, within 25 degrees of perpendicular to the stream; cause a width of disturbance of not more than 50 feet within the buffer; and adequate erosion control measures are incorporated into the project plans and specifications and are implemented:

1.

Stream crossings for water lines; or

2.

Stream crossings for sewer lines.

(16)

There is established a 50-foot buffer as measured horizontally from the point where vegetation has been wrested by normal stream flow or wave action, along the banks of any state waters classified as "trout streams" per article 2, chapter 5 of title 12, the "Georgia Water Quality Control Act," except where a roadway drainage structure must be constructed; provided, however, that small springs and streams classified as trout streams which discharge an average annual flow of 25 gallons per minute or less shall have a 25-foot buffer or they may be piped, at the discretion of the landowner, pursuant to the terms of a rule providing for a general variance promulgated by the board, so long as any such pipe stops short of the downstream landowner's property and the landowner complies with the buffer requirements for any adjacent trout streams. The director may grant a variance from such buffer to allow land-disturbing activity, provided that adequate erosion control measures are incorporated in the project plans and specifications and are implemented. The following requirements apply to such buffer:

a.

No land-disturbing activities shall be conducted within a buffer and a buffer shall remain in its natural undisturbed state of vegetation until all land-disturbing activities on the construction site are completed. Once the final stabilization of the site is achieved, a buffer may be thinned or trimmed of vegetation as long as a protective vegetative cover remains to protect water quality and aquatic habitat and a natural canopy is left in sufficient quantity to keep shade on the stream bed; provided, however, that any person constructing a single-family residence, when such residence is constructed by or under contract with the owner for his or her own occupancy, may thin or trim vegetation in a buffer at any time as long as protective vegetative cover remains to protect water quality and aquatic habitat and a natural canopy is left in sufficient quantity to keep shade on the stream bed; and

b.

The buffer shall not apply to the following land disturbing activities, provided that they occur at an angle as measured from the point of crossing, within 25 degrees of perpendicular to the stream; cause a width of disturbance of not more than 50 feet within the buffer; and adequate erosion control measures are incorporated into the project plans and specifications and are implemented;

1.

Stream crossings for water lines; or

2.

Stream crossings for sewer lines.

(17)

Land-disturbing activities shall not be conducted within 100 horizontal feet, as measured from the point where vegetation has been wrested by normal stream flow or wave action, of the banks of any state waters classified as "trout streams" pursuant to O.C.G.A. title 12, chapter 5, article 2, the "Georgia Water Quality Control Act," unless a variance for such activity is granted by the director, except where a roadway drainage structure must be constructed, provided that adequate erosion control measures are incorporated in the project plans and specifications and are implemented.

(d)

Nothing contained in this section shall prevent the issuing authority from adopting rules and regulations, ordinances or resolutions which contain requirements that exceed the minimum requirements in subsections 38-34(b) and (c) of this Code.

(e)

The fact that land-disturbing activity for which a permit has been issued results in injury to property of another shall neither constitute proof of nor create a presumption of a violation of the standards provided for in this article or the terms of the permit.

(Amend. of 11-8-2016)