Gainesville › Unified Land Development Code

Article 12 — Environment, Chapter 12-1 — SOIL, EROSION, SEDIMENTATION AND POLLUTION CONTROL

current as of 2025-12-16verified current · checked 2026-08-24Officialofficial source ↗9 sections · full chapter

§ 12-1-1

Definitions

The following terms shall have the meanings in this Article 12 as prescribed below:

Available head. The depth of water that is present at the entrance to a pipe during a 100- year storm.

Best management practices (BMPs). These include 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 Commission as of January 1 of the year in which the land-disturbing activity was permitted, a copy of which is on file in the clerk of the city.

Board. Board of Natural Resources.

Buffer. The area of land immediately adjacent to the banks of state waters in its natural state of vegetation, which facilitates the protection of water quality and aquatic habitat.

Certified personnel. A person who has successfully completed the appropriate certification course approved by the Georgia Soil and Water Conservation Commission.

Commission. The Georgia Soil and Water Conservation Commission (GSWCC).

Construction. Any building or erection of a structure or preparation of a property for same.

CPESC. Certified Professional in Erosion and Sediment Control with current certification by EnviroCert, Inc., which is also referred to as CPESC or CPESC, Inc.

Cut. A portion of land surface or area from which earth has been removed or will be removed by excavation; the depth below original ground surface to excavated surface. Also known as "excavation."

Cutting. The removal of any soil or other solid material from a natural ground surface.

Department. The Georgia Department of Natural Resources (DNR).

Design head. The depth of water at the entrance to a pipe that was used in design to force a rate of flow through the pipe needed in the design.

Design professional. A professional licensed by the State of Georgia in the field of. engineering, architecture, landscape architecture, forestry, geology, or land surveying, or a person that is a Certified Professional in Erosion and Sediment Control (CPESC) with a current certification by EnviroCert, Inc. Design Professional shall practice in a manner that complies with applicable Georgia law governing professional licensure.

Director. The Director of the Environmental Protection Division or an authorized representative.

District. The Hall County Soil and Water Conservation District.

Division. The environmental protection division (EPD) of the department of natural resources.

Drainage. A general term applied to the removal of surface or subsurface water from a given area either by gravity or by pumping; most commonly applied to surface water.

Drainage structure. A device composed of virtually non-erodible material such as concrete, steel, plastic or other such material that conveys water from one place to another by intercepting the flow and carrying it to a release point for stormwater management, drainage control or flood control purposes.

Drainage system. The surface and subsurface system for the removal of water from the land, including both the natural elements of streams, marshes, swales and ponds, whether of an intermittent or continuous nature, and the man-made element which includes culverts, ditches, channels, detention facilities and the storm sewer system.

Elevation. The vertical height or heights above a datum plane which for purposes of this chapter shall be the mean sea level datum of the United States Coast and Geodetic Survey of 1929 or other customarily accepted source.

EPD. The environmental protection division of the state department of natural resources.

EPD director. The director of the environmental protection division or an authorized representative.

Erosion. The process by which land surface is worn away by the action of wind, water, ice or gravity.

Erosion, Sedimentation and Pollution control plan. A plan required by the Erosion and Sedimentation Act, O.C.G.A. Chapter 12-7, as amended, that includes minimum protections at least as stringent as the state general permit, best management practices, and requirements in Section 12-1-3 of this chapter.

Excavation. The mechanical removal of earth material. Also known as “cut.”

Extended detention. The detention of stormwater runoff for an extended period, typically twenty-four (24) hours or greater.

Facility/site outfall. The location where storm water in a discernible, confined and discrete conveyance, leaves a facility or site or, if there is a receiving water on site, becomes a point source discharging into that receiving water.

Fill. A portion of land surface to which soil or other solid material has been added; the depth above the original ground or an excavation.

Filling. The placement of any soil or other solid material, either organic or inorganic, on a natural ground surface or excavation.

Final stabilization. All soil disturbing activities at the site have been completed, and that for unpaved areas and areas not covered by permanent structures and areas located outside the waste disposal limits of a landfill cell that has been certified by EPD for waste disposal, 100% of the soil surface is uniformly covered in permanent vegetation with a density of 70% or greater, or landscaped according to the plan (uniformly covered with landscaping materials in planned landscape areas), or equivalent permanent stabilization measures as defined in the manual (excluding a crop of annual vegetation and seeding of target crop perennials appropriate for the region). Final stabilization applies to each phase of construction.

Finished grade. The final elevation and contour of the ground after cutting or filling and conforming to the proposed design.

Grading. Altering the shape of ground surfaces to a predetermined condition; this includes stripping, cutting, filling, stockpiling and shaping, or any combination thereof, and shall include the land in its cut or filled condition.

Grading permit. Authorization necessary but limited to the initiation and conduct of a land-disturbing activity on a property. For purposes of this Code, a land development permit issued pursuant to Chapter 11-6 shall constitute approval of the grading permit required by this chapter.

Greenway. An area along the course of any state waters to be maintained in an undisturbed and natural condition.

Ground elevation. The original elevation of the ground surface prior to cutting or filling.

Hydrologic soil group (HSG). A natural resource conservation service classification system in which soils are categorized into four (4) runoff potential groups. The groups range from group A soils, with high permeability and little runoff produced, to group D soils, which have low permeability rates and produce much more runoff.

Larger common plan of development or sale. A contiguous area where multiple separate and distinct construction activities are occurring under one (1) plan of development or sale. For the purposes of this paragraph, "plan" means an announcement; piece of documentation such as a sign, public notice or hearing, sales pitch, advertisement, drawing, permit application, zoning request, or computer design; or physical demarcation such as boundary signs, lot stakes, or surveyor markings, indicating that construction activities may occur on a specific plot.

Live detention. The quantity of water capable of being effectively contained by a stormwater detention facility for a specified period of time.

Local issuing authority. The governing authority of any county or municipality which is certified pursuant to O.C.G.A. § 12-7-8(a).

Metropolitan River Protection Act (MRPA). A state law referenced as O.C.G.A. § 12-5-440 et.

seq. which addresses environmental and developmental matters in certain metropolitan river corridors and their drainage basins.

Manual for Erosion and Sediment Control in Georgia. A publication of the same name published by the state soil and water conservation commission, and as amended or supplemented from time to time, a copy of which is on file in the office of the clerk of the city.

Natural drainage. Channels formed by the existing surface topography of the earth prior to changes made by unnatural causes.

Natural ground surface. The ground surface in its original state before any grading, excavation or filling.

Nephelometric turbidity units (NTU). Numerical units of measure based upon photometric analytical techniques for measuring the light scattered by finely divided particles of a substance in suspension. This technique is used to estimate the extent of turbidity in water in which colloidally dispersed particles are present.

NOI. A notice of intent form provided by EPD for coverage under the state general permit.

NOT. A notice of termination form provided by EPD to terminate coverage under the state general permit.

One-hundred-year flood. A 100-year frequency flood that has the probability of occurring once every 100 years and thus has a 1% chance of occurring each year.

One-hundred-year flood plain. A land area adjoining a river, stream, watercourse or lake that has a probability of being flooded up to and including the 100-year flood.

Operator. The party or parties that have: (A) operational control of construction project plans and specifications, including the ability to make modifications to those plans and specifications;

or (B) day-to-day operational control of those activities that are necessary to ensure compliance with an erosion, sedimentation and pollution control plan for the site or other permit conditions, such as a person authorized to direct workers at a site to carry out activities required by the erosion, sedimentation and pollution control plan or to comply with other permit conditions.

Outfall. The location where stormwater in a discernible, confined and discrete conveyance, leaves a facility or site or, if there is a receiving water on site, becomes a point source discharging into the receiving water.

Permit. The authorization necessary to conduct a land-disturbing activity under the provisions of this chapter.

Person. Any individual, partnership, firm, association, joint venture, public or private corporation, trust, estate, commission, board, public or private institution, utility, cooperative, state agency, municipality or other political subdivision of the state, any interstate body or any other legal entity.

Phase or phased. Sub-parts or segments of construction projects where the sub-part or segment is constructed and stabilized prior to completing construction activities on the entire construction site.

Project. The entire proposed development project regardless of the size of the area of land to be disturbed.

Properly designed. Designed in accordance with the design requirements and specifications contained in the Manual for Erosion and Sediment Control in Georgia (Manual) published by the Georgia Soil and Water Conservation Commission as of January 1 of the year in which the land-disturbing activity was permitted and amendments to the manual as approved by the commission up until the date of NOI submittal.

Qualified personnel. Any person who meets or exceeds the education and training requirements of O.C.G.A. § 12-7-19, as amended.

Reach. A longitudinal segment of a stream or river measured along specified points on the stream or river.

Riparian. Belonging or related to the bank of a river, stream, lake, pond or impoundment.

Roadway drainage structure. A device such as a bridge, culvert or ditch, composed of a virtually nonerodable material such as concrete, steel, plastic or other such material that conveys water under a roadway by intercepting the flow on one side of a traveled way consisting of one or more defined lanes, with or without shoulder areas, and carrying water to a release point on the other side.

Runoff. The portion of precipitation on the land that reaches the drainage system.

Runoff rate coefficient. The numerical factor which, when multiplied with the average slope for a particular site, will give the release rate of water from that site.

Sediment. Solid material, both organic and inorganic, that is in suspension, is being transported or has been moved from its site of origin by air, water, ice or gravity as a product of erosion.

Sedimentation. The process by which eroded material is transported and deposited by the action of water, wind, ice or gravity.

Slope. The degree of deviation of a surface from the horizontal, usually expressed in percent or degree.

Soil and water conservation district approved plan. An erosion and sediment control plan approved in writing by the Hall County Soil and Water Conservation District.

Soils. The upper layer of earth that can be dug or plowed; the loose surface material of the earth in which vegetation normally grows.

Stabilization. The process of establishing an enduring soil cover of vegetation by the installation of temporary or permanent structures for the purpose of reducing to a minimum the erosion process and the resultant transport of sediment by wind, water, ice or gravity.

State general permit. The national pollution discharge elimination system (NPDES) general permit or permits for storm-water runoff from construction activities as is now in effect or as may be amended or reissued in the future pursuant to the state's authority to implement the same through federal delegation under the Federal Water Pollution Control Act, as amended, 33 U.S.C. Section 1251, et seq., and subsection (f) of O.C.G.A. § 12-5-30, as amended.

State waters. Any and all rivers, streams, creeks, branches, lakes, reservoirs, ponds, drainage systems, springs, wells and other bodies of surface or subsurface water, natural or artificial, lying within or forming a part of the boundaries of the state which are not entirely confined and retained completely upon the property of a single individual, partnership or corporation.

Static head. The depth of water at the entrance to a culvert when the depth is greater than the diameter of the pipe.

Stream. A stream is defined as beginning at:

(a)The location of a spring, seep, or groundwater outflow that sustains streamflow; or

(b)A point in the stream channel with a drainage area of 25 acres or more; or

(c)Where evidence indicates the presence of a stream in a drainage area of other than 25 acres, the Director of Community and Economic Development may require field studies to verify the existence of a stream.

Stream bank. The sloping land that contains the stream channel and the normal flows of the stream.

Stream protection buffer setback. An additional setback, measured horizontally, beyond the undisturbed stream protection buffer, in which all impervious cover shall be prohibited. Grading, filling and earthmoving shall be minimized within the setback.

Stream channel. The portion of a watercourse that contains the base flow of the stream.

Stream protection buffer. The area of land immediately adjacent to the banks of state waters in its natural state of vegetation, as measured horizontally, which facilitates the protection of water quality and aquatic habitat.

Stream protection area or protection area. The combined areas of all required stream protection buffers and setbacks applicable to such stream.

Structural erosion sedimentation and pollution control practices. Practices for the stabilization of erodible or sediment-producing areas by utilizing the mechanical properties of matter for the purpose of either changing the surface of the land or storing, regulating or disposing of runoff to prevent excessive sediment loss. Examples of structural erosion and sedimentation control practices are riprap, sediment basins, dikes, level spreaders, waterways or outlets, diversions, grade stabilization structures and sediment traps. Such practices can be found in the publication Manual for Erosion and Sediment Control in Georgia.

Ten-year, 25-year and 100-year storms. Rainfall events having a probability of occurrence once every 10, 25 or 100 years, respectively, or a 10%, 4% or 1% chance of occurring each year, respectively.

Trout streams. All streams or portions of streams within the watershed as designated by the wildlife resources division of the state department of natural resources under the provisions of the Georgia Water Quality Control Act, O.C.G.A. § 12-5-20, as amended, in the Rules and Regulations for Water Quality Control Chapter 391-3-6 at www.epd.georgia.gov , as amended.

Streams designated as primary trout waters are defined as water supporting a self-sustaining population of rainbow, brown or brook trout. Streams designated as secondary trout waters are those in which there is no evidence of natural trout reproduction, but are capable of supporting trout throughout the year. First order trout waters are streams into which no other streams flow except springs.

Utilities. All public, private, and municipal, above or below ground, infrastructure systems providing water, stormwater, sanitary sewer, natural gas, electricity, telecommunications, cable television or internet, or any other service controlled by the State public services commission.

Vegetation. All plant growth, such as trees, shrubs, mosses and grasses.

Vegetative erosion and sedimentation control measures. Measures for the stabilization of erodible or sediment-producing areas by covering the soil with:

(a)Permanent seeding, sprigging or planting, producing long-term vegetative cover;

(b)Temporary seeding, producing short-term vegetative cover; or

(c)Sodding, covering areas with a turf of perennial sod-forming grass.

(d)Such measures can be found in the Manual for Erosion and Sediment Control in Georgia.

Watercourse. Any natural or artificial surface water conveyance, stream, river, creek, channel, ditch, canal, conduit, culvert, drain, waterway, gully, ravine, or wash in which water flows either continuously or intermittently; a natural watercourse has a definite channel, bed and banks, and includes any area adjacent thereto subject to inundation by reason of overflow or floodwater.

Wetlands. Those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs and similar areas.

§ 12-1-2

Exemptions

(a)Generally. This chapter shall apply to any land-disturbing activity undertaken by any person on any land except for those uses specifically identified in this chapter.

Where this chapter requires compliance with Chapter 12-3, the city shall enforce compliance with the minimum requirements as if a land development permit had been issued and any violations of said minimum requirements shall be subject to the same penalties as violations by land development permit holders.

(b)Mining and Quarrying. Surface mining, as same is defined in O.C.G.A. § 12-4-72, as amended, entitled “The Georgia Surface Mining Act of 1968,” and granite quarrying and land clearing for such quarrying are exempt from compliance with this chapter.

(c)Minor Activities. Minor land-disturbing activities, such as home gardens and individual home landscaping, repairs, maintenance work fences, and other related activities, which result in minor soil erosion are exempt from compliance with this chapter.

(d)Slopes. Single-family detached lots and two-family lots that are cleared or disturbed on slopes with a grade less than 15%;

(e)Single-family Detached Lots and Two-Family Lots. Single-family detached lots and two-family lots that contain less than 1 acre of disturbed area; however, development of any such lot shall conform to the minimum requirements as set forth in O.C.G.A. 12-7-6, as amended; and this paragraph:

For single-family and two-family residence construction covered by the provisions of this paragraph, there shall be a stream protection buffer zone between the residence and any state waters classified as trout streams pursuant to Article 2 of Chapter 5 of the Georgia Water Quality Control Act, as amended. In any such stream protection buffer zone, no land disturbing activity shall be constructed between the residence and the point where vegetation has been wrested by normal stream flow or wave action from the banks of the trout waters. For primary trout waters, the stream protection buffer zone shall be at least 50 horizontal feet, and no variance to a smaller stream protection buffer shall be granted. For secondary trout waters, the stream protection buffer zone shall be at least 50 horizontal feet, but the EPD director may grant variances to no less than 25 feet. Regardless of whether a trout stream is primary or secondary, for first order trout waters, which are streams into which no other streams flow except for springs, the stream protection buffer shall be at least 25 horizontal feet, and no variance to a smaller stream protection buffer shall be granted. The minimum requirements of subsection (b) of O.C.G.A. 12-7-6, as amended, and the stream protection buffer zones provided by this paragraph shall be enforced by the City.

(f)Agriculture. Exempt from the requirements of this chapter are those agricultural operations defined in O.C.G.A. § 1-3-3, as amended, “definitions,” to include raising, harvesting, or storing of products of the field or orchard; feeding, breeding, or managing livestock or poultry; producing or storing feed for use in the production of livestock, including but not limited to cattle, calves, swine, hogs, goats, sheep and rabbits or for use in the production of poultry, including but not limited to chicken, hens, and turkeys; producing plants, trees, fowl, or animals; the production of aqua culture, horticultural, dairy, livestock, poultry, eggs, and apiarian products and farm buildings and farm ponds.

(g)Forestry Land Management Practices. Forestry land management practices, including harvesting; provided, however, that when such exempt forestry practices cause or result in land-disturbing or other activities otherwise prohibited in a stream protection buffer, as established in Section 12-3-3, no other land-disturbing activities, except for normal forest management practices, shall be allowed on the entire property upon which the forestry practices were conducted for a period of three years after completion of such forestry practices.

(h)NRCS Projects. Any project carried out under the technical supervision of the natural resources conservation service of the United States Department of Agriculture shall be exempt from compliance with this chapter.

(i)Small Projects. Any project involving less than one acre of disturbed area; provided, however, that this exemption shall not apply to any land-disturbing activity within a larger common plan of development or sale with a planned disturbance of equal to or greater than one acre or within 200 feet of the bank of any state waters, and for purposes of this paragraph, “state waters” excludes channels and drainage ways which have water in them only during and immediately after rainfall events and intermittent streams which do not have water in them year-round; provided, however, that any person responsible for a project which involves less than one acre, which involves land-disturbing activity, and which is within 200 feet of any such excluded channel or drainage way, must prevent sediment from moving beyond the boundaries of the property on which such project is located and provided, further that nothing contained herein shall prevent the city from regulating any such project which is not specifically exempted by this chapter.

(j)State Projects and State/Local Road Projects. Construction or maintenance projects, or both, undertaken or financed in whole or in part, or both, by the state department of transportation, the state highway authority, or the state road and tollway authority;

or any road construction or maintenance project, or both, undertaken by any county or municipality; provided, however, that construction or maintenance projects of the state department of transportation or the state road and tollway authority which disturb one or more contiguous acres of land shall be subject to provisions of O.C.G.A.

12-7-7.1, as amended; except where the state department of transportation, the state highway authority, or the state road and tollway authority is a secondary permittee for a project located within a larger common plan of development or sale under the state general permit, in which case a copy of a notice of intent under the state general permit shall be submitted to the city, the city shall enforce compliance with the minimum requirements set forth in O.C.G.A. 12-7-6, as amended, as if a permit had been issued, and violations shall be subject to the same penalties as violations by permit holders.

(k)Electric and Public Utilities. Any land-disturbing activities conducted by any electric membership corporation or municipal electrical system or any public utility under the regulatory jurisdiction of the public service commission, any utility under the regulatory jurisdiction of the Federal Energy Regulatory Commission, any cable television system as defined in O.C.G.A. 36-18-1, as amended, or any agency or instrumentality of the United States engaged in the generation, transmission, or distribution of power; except where an electric membership corporation or municipal electrical system or any public utility under the regulatory jurisdiction of the public service commission, any utility under the regulatory jurisdiction of the Federal Energy Regulatory Commission, any cable television system as defined in O.C.G.A 36-18-1, as amended, or any agency or instrumentality of the United States engaged in the generation, transmission, or distribution of power is a secondary permittee for a project located within a larger common plan of development or sale under the state general permit, in which case the city shall enforce compliance with the minimum requirements set forth in O.C.G.A. 12-7-6, as amended, as if a permit had been issued, and violations shall be subject to the same penalties as violations by permit holders;

and any public water system reservoir.

§ 12-1-3

Minimum Requirements for Erosion and Sedimentation

Control

(a)General Provisions.

(1)Excessive soil erosion and resulting sedimentation can take place during land-disturbing activities if requirements of the ordinance and the NPDES general permit are not met. Therefore, plans for those land-disturbing activities which are not exempted by Section 12-1-2 shall contain provisions for application of soil erosion and sedimentation and pollution control measures and practices. The provisions shall be incorporated into the erosion and sediment control plans. Soil erosion, sedimentation and pollution control measures and practices shall conform to the minimum requirements of this chapter.

(2)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 sedimentation and pollution during all stages of any land-disturbing activity in accordance with requirements of this chapter and the NPDES general permit.

(b)Best Management Practices.

(1)Best management practices as set forth in this section and Section 12-3-3 shall be required for all land-disturbing activities unless specifically exempted by Section 12-1-2.

(2)Proper design, installation, and maintenance of best management practices shall constitute a complete defense to any action by the EPD director or to any other allegation of noncompliance with this section or any substantially similar terms contained in a land development permit for the discharge of stormwater. Issued pursuant to subsection (f) of O.C.G.A. 12-5-30, as amended, the “Georgia Water Quality Control Act.”

(3)As used in this section, the terms “proper design” and “properly designed” mean in accordance with the hydraulic design specifications contained in the Manual for Erosion and Sediment Control in Georgia specified in O.C.G.A.12-7-6 subsection (b), as amended.

(4)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 city or of any state general permit issued by the division pursuant to subsection (f) of O.C.G.A. 12-5-30, as amended, the “Georgia Water Quality Control Act,” for each day on which such 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 10 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 EPD director. This paragraph shall not apply to any land disturbance associated with the construction of single-family homes which are 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.

(5)Failure to properly design, install or maintain best management practices shall constitute a violation of any land disturbing permit issued by the city or of any state general permit issued by the division pursuant to subsection (f) of Code section 12-5-30, as amended, the “Georgia Water Quality Control Act,” for each day on which such failure occurs.

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

(c)Additional Minimum Requirements. The rules and regulations, ordinances, or resolutions adopted pursuant to O.C.G.A. 12-7-1 et seq., as amended, for the purpose of governing land-disturbing activities shall require, as minimum protections at least as stringent as the state general permit, and best management practices, including soil 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 Georgia 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, re-grading and other development activities shall be conducted in a manner to minimize erosion.

(2)Cut-fill operations must be kept to a minimum.

(3)Development plans must conform to topography and soil type to create the lowest practicable 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 using 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 O.C.G.A.

12-7-1 et seq., as amended.

(10)Adequate provisions must be provided to minimize damage from surface water to the cut face of excavations or the sloping of fills.

(11)Cuts and fills may not endanger adjoining property.

(12)Fills may not encroach upon natural watercourses or constructed channels in a manner which 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, provided, in any case, that such crossings are kept to a minimum.

(14)No public streets, drainage systems or private property shall be restricted from normal use or operation by the scattering of earth, rock, vegetation and other debris resulting from the land disturbing activity. The permittee shall be responsible for clearing, unclogging and cleaning any such facility or lands daily.

(15)Land-disturbing activity plans for erosion sedimentation and pollution 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 this section.

(16)Land-disturbing activities shall not be conducted within the 100-year flood plain except in compliance with Chapter 12-2.

(17)Construction site operators are required to control waste at the construction site, such as discarded building materials, concrete truck washout, chemicals, litter, and sanitary waste.

(d)Stream Protection Buffers. Except as provided in Section 12-3-5, there is established a 25-foot stream protection buffer along the banks of all state waters, as measured horizontally from the point where vegetation has been wrested by normal streams flow or wave action, except where the EPD director determines to allow a variance that is at least as protective of natural resources and the environment, where otherwise allowed by the EPD director pursuant to O.C.G.A. § 12-2-8 as amended, 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 specification, and are implemented; or along any ephemeral stream. As used in the provision, the term "ephemeral stream" means a stream: that under normal circumstances has water flowing only during and for a short duration after precipitation events; that has the channel located above the ground-water table year round; for which ground water is not a source of water; and for which runoff from precipitation is the primary source of water flow, unless exempted as along an ephemeral stream, the stream protection buffers of at least twenty-five feet established pursuant to part 6 of Article 5, Chapter 5 of Title 12, the "Georgia Water Quality Control Act," as amended, shall remain in force unless a variance is granted by the EPD director as provided in this paragraph. The following requirements shall apply to any such stream protection buffer:

(1)No land-disturbing activities shall be conducted within a stream protection buffer and a stream protection 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 stream protection 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 stream protection 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

(2)The stream protection buffer shall not apply to the following land-disturbing activities provided that they occur at an angle, as measured form 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 stream protection buffer; and adequate erosion control measures are incorporated into the project plans and specifications and are implemented:

i.Stream crossings for water lines; or

ii.Stream crossings for sewer lines.

(e)Stream Protection Buffers Along Trout Streams. There is established a 50-foot stream protection 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” pursuant to Article 2 of Chapter 5 of Title 12, as amended, 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 stream protection 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 stream protection buffer requirements for any adjacent trout streams. The EPD director may grant a variance from such stream protection 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 shall apply to such stream protection buffer:

(1)No land-disturbing activities shall be conducted within a stream protection buffer and a stream protection 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 stream protection 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:

(2)The stream protection 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 stream protection buffer; and adequate erosion control measures are incorporated into the project plans and specifications and are implemented:

i.Stream crossings for water lines; or

ii.Stream crossings for sewer lines.

(f)Provisions Regarding Land Disturbance Activity and the Disturbance of Stream Protection Buffers.

(1)This section shall not be construed as preventing the application of other requirements of this Code which require larger buffers along property lines than specified in this chapter (see Table 4- and Table 5-, which may apply).

Furthermore, nothing contained in O.C.G.A. 12-7-1 et seq., as amended, shall prevent the city from adopting rules and regulations, ordinances, or resolutions which contain stream protection buffer requirements that exceed the minimum requirements in this chapter.

(2)See Chapter 12-3 for provisions regarding disturbance within stream protection buffers.

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

(g)Maintenance of Control Measures. Maintenance of all soil erosion and sediment control measures, whether temporary or permanent, are the responsibility of the owner.

(h)Manual Adopted by Reference. Conformance with the minimum requirements may be attained through the use of design criteria in the current issue of the Manual for Erosion and Sediment Control in Georgia or through the use of more stringent, alternate design criteria which conform to sound conservation and engineering practices. The Manual for Erosion and Sediment Control in Georgia is hereby incorporated by reference into this chapter.

§ 12-1-4

Application Permit/Process.

(a)General. The property owner, developer and designated planners and engineers shall design and review before submittal, the general development plans. The city shall review the tract to be developed and the area surrounding it. The staff of the city shall consult the zoning ordinance, storm water management ordinance, subdivision ordinance, flood management ordinance, this Chapter, and any other ordinances, rules, regulations or permits, which regulate the development of land within the jurisdictional boundaries of the city. However, the owner and/or operator are the only parties who may obtain a permit.

(b)Application requirements.

(1)No person shall conduct any land-disturbing activity within the jurisdictional boundaries of the city without first obtaining a permit from the city to perform such activity and providing a copy of NOI submitted to EPD if applicable.

(2)The application for a permit shall be submitted to the city and must include the applicant’s erosion, sedimentation and pollution control plan with supporting data, as necessary. Said plans shall include, as a minimum, the data specified in this chapter. Erosion, sedimentation and pollution control plans, together with supporting data, must demonstrate affirmatively that the land disturbing activity proposed will be carried out in such a manner that the provisions of this chapter will be met. Applications for a permit will not be accepted unless accompanied by seven copies of the applicant’s erosion, sedimentation and pollution control plans. All applications shall contain a certification stating that the plan preparer or the designee thereof visited the site prior to creation of the plan in accordance with EPD Rule 391-3-7-.10, as amended.

(3)In addition to the local permitting fees, fees will also be assessed pursuant to paragraph (5) subsection (a) of O.C.G.A. 12-5-23, as amended, provided that such fees shall not exceed eighty dollars ($80.00) per acre of land-disturbing activity, and these fees shall be calculated and paid by the primary permittee as defined in the state general permit for each acre of land-disturbing activity included in the planned development or each phase of development. All applicable fees shall be paid prior to issuance of the land disturbance permit. Half of such fees levied shall be submitted to the division; except that any and all fees due from an entity which is required to give notice pursuant to paragraph (9) or (10) of O.C.G.A. 12-7-17, as amended, shall be submitted in full to the division.

(4)Immediately upon receipt of an application and plan for a permit, the city shall refer the application and plan to the district for its review and approval or disapproval concerning the adequacy of the erosion, sedimentation and pollution control plan. The district shall approve or disapprove a plan within 35 days of receipt. Failure of the district to act within 35 days shall be considered an approval of the pending plan. The results of the district review shall be forwarded to the city. No permit will be issued unless the plan has been approved by the district, and any variances required by this chapter have been obtained, all fees have been paid, and bonding, if required, has been obtained. Such review will not be required if the city and the district have entered into an agreement which allows the city to conduct such review and approval of the plan without referring the application and plan to the district. The city with plan review authority shall approve or disapprove a revised plan submittal within 35 days of receipt. Failure of the city with plan review authority to act within 35 days shall be considered an approval of the revised plan submittal.

(5)If a permit applicant has had two or more violations of previous permits, this chapter section, or the Erosion and Sedimentation Act, as amended within three years prior to the date of filing the application under consideration, the city may deny the permit application.

(6)The city may require the permit applicant to post a bond in the form of government security, cash, irrevocable letter of credit, or any combination thereof up to, but not exceeding, three thousand dollars ($3,000.00) per acre or fraction thereof of the proposed land-disturbing activity, prior to issuing the permit. If the applicant does not comply with this section or with the conditions of the permit after issuance, the city may call the bond or any part thereof to be forfeited and may use the proceeds to hire a contractor to stabilize the site of the land-disturbing activity and bring it into compliance. These provisions shall not apply unless there is in effect an ordinance or statute specifically providing for hearing and judicial review of any determination or order of the city with respect to alleged permit violations.

(c)Plan requirements.

(1)Plans must be prepared to meet the minimum requirements as contained in this chapter, or through the use of more stringent alternate design criteria which conform to sound conservation and engineering practices. The plan for the land-disturbing activity shall consider the interrelationship of the soil types, geological and hydrological characteristics, topography, watershed, vegetation, proposed permanent structures including roadways, constructed waterways, sediment control and storm water management facilities, local ordinances and state laws.

Maps, drawings and supportive computations shall bear the signature and seal of the certified design professional. Persons involved in land development design, review, permitting, construction, monitoring, or inspections or any land disturbing activity shall meet the education and training certification requirements, dependent on his or her level of involvement with the process, as developed by the commission and in consultation with the division and stakeholder advisory board created pursuant to O.C.G.A. 12-7-20, as amended.

(2)Data required for site plan shall include all the information required from the appropriate erosion, sedimentation and pollution control plan review checklist established by the commission as of January 1 of the year in which the land-disturbing activity was permitted. Erosion, sedimentation and pollution control plans shall include:

i.Narrative or notes, and other information. Notes or narrative to be located on the site plan in general notes or in erosion and sediment control notes.

ii.Description of existing land use at project site and description of proposed project.

iii.Name, address, and phone number of the property owner.

iv.Name and phone number of 24-hour local contact that is responsible for erosion and sedimentation controls.

v.Size of project, or phase under construction, in acres.

vi.Activity schedule showing anticipated starting and completion dates for the project. Include the statement in bold letters, that “the installation of erosion and sediment control measures and practices shall occur prior to or concurrent with land-disturbing activities.”

vii.Stormwater and sedimentation management systems-storage capacity, hydrologic study, calculations including off-site draining areas and other information as may be needed to satisfy the requirements of Article 11 and Article 12.

viii.Location of erosion and sediment control measures and practices using coding symbols from the Manual for Erosion and Sediment Control in Georgia, chapter 6, and meeting the requirements of Article 12. Practices may include, but are not limited to:

A.Construction exit.

B.Sediment barrier.

C.Sediment basin.

D.Grassed waterway (open swale).

E.Storm drain outlet protection.

F.A plan for temporary and permanent vegetative and structural erosion and sediment control measures.

ix.Vegetative plan for all temporary and permanent vegetative practices, including species, planting dates, and seeding, fertilizer, lime and mulching rates. The vegetative plan should show options for year-round seeding.

x.Detail drawings for all structural practices. Specifications may follow guidelines set forth in the Manual for Erosion and Sediment Control in Georgia.

xi.Maintenance statement. “Erosion and sediment control measures will be maintained at all times. Additional erosion and sediment control measures and practices will be installed if deemed necessary by on-site inspection.”

xii.A description of the sediment control program and sediment control practices.

xiii.An adequate description of general topographic and soil conditions of the tract as available from the Hall County Soil and Water Conservation District.

xiv.A description of the maintenance program for sediment control facilities including inspection programs, vegetative establishment of exposed soils, method and frequency of removal and disposal of solid waste material removed from control facilities and disposition of temporary structural measures.

xv.Any additional requirement established by the commission.

(d)Permits.

(1)Permits shall be issued or denied as soon as practicable but in any event not later than 45 days after receipt by the city of a completed application as well as all required approved plans and reports, providing variances and bonding are obtained, where necessary and all applicable fees have been paid prior to permit issuance. The permit shall include conditions under which the activity may be undertaken.

(2)No permit shall be issued by the city unless the erosion, sedimentation and pollution control plan has been approved by the district and the city has affirmatively determined that the plan is in compliance with this chapter, any variances required by this chapter are obtained, bonding requirements, if necessary, are met and all ordinances and rules and regulations in effect within the jurisdictional boundaries of the city are met. If the permit is denied, the reason for denial shall be furnished to the applicant.

(3)Any land-disturbing activities by the city shall be subject to the same requirements of this chapter, and any other ordinances relating to land development, as are applied to private persons and the division shall enforce such requirements upon the city.

(4)If the tract is to be developed in phases, then a separate permit shall be required for each phase.

(5)The permit may be suspended, revoked, or modified by the city, as to all or any portion of the land affected by the plan, upon finding that the holder or that person’s successor in the title is not in compliance with the approved erosion, sedimentation and pollution control plan or that the holder or his successor in title is in violation of this chapter. A holder of a permit shall notify any successor in title to that person as to all or any portion of the land affected by the approved plan of the conditions contained in the permit.

(6)The city may reject a permit application if the applicant has had two or more violations of previous permits or the Erosion and Sedimentation Act permit requirements within three years prior to the date of the application, in light of O.C.G.A. 12-7-7(f)(1), as amended.

§ 12-1-5

Inspection and Enforcement

(a)The city will periodically inspect the sites of land-disturbing activities for which permits have been issued to determine if the activities are being conducted in accordance with the plan and if the measures required in the plan are effective in controlling erosion and sedimentation. Also, the city shall regulate primary, secondary, and tertiary permittees as such terms are defined in the state general permit. Primary permittees shall be responsible for installation and maintenance of best management practices where the primary permittee is conducting land-disturbing activities.

Secondary permittees shall be responsible for installation and maintenance of best management practices where the secondary permittee is conducting land-disturbing activities. Tertiary permittees shall be responsible for installation and maintenance where the tertiary permittee is conducting land-disturbing activities. If through inspection, it is deemed that a person engaged in land-disturbing activities as defined herein has failed to comply with the approved plan, with permit conditions, or with the provisions of this chapter, a written notice to comply shall be served upon that person. The notice shall set forth the necessary measures to achieve compliance and shall state the time within which such measures must be completed. If the person engaged in the land-disturbing activity fails to comply within the time specified, that person shall be deemed in violation of this chapter.

(b)The city shall have the power to conduct such investigations as it may reasonably deem necessary to carry out duties as prescribed in this chapter, and for this purpose to enter at reasonable times upon any property, public or private, for the purpose of investigation and inspecting the sites of land-disturbing activities.

(c)No person shall refuse entry or access to any authorized representative or agent of the city, the commission, the district, or division who requests entry for the purposes of inspection, and who presents appropriate credentials, nor shall any person obstruct, hamper or interfere with any such representative while in the process of carrying out his official duties.

§ 12-1-6

Penalties and Incentives

(a)Failure to obtain a permit for land-disturbing activity. If any person commences any land disturbing activity requiring a land-disturbing permit as prescribed in this chapter without first obtaining said permit, the person shall be subject to revocation of his business license, work permit or other authorization for the conduct of a business and associated work activities within the city.

(b)Stop-work orders.

(1)For the first and second violations of the provisions of this chapter, the EPD director or the city shall issue a written warning to the violator. The violator shall have five days to correct the violation. If the violation is not corrected within five days, the EPD director or the city shall issue a stop-work order requiring that land-disturbing activities be stopped until necessary corrective action or mitigation has occurred; provided, however, that, if the violation presents an imminent threat to public health or waters of the state or if the land-disturbing activities are conducted without obtaining the necessary permit, the EPD director or the city shall issue an immediate stop-work order in lieu of a warning;

(2)For a third and each subsequent violation, the EPD director or the city shall issue an immediate stop-work order; and

(3)All stop-work orders shall be effective immediately upon issuance and shall be in effect until the necessary corrective action or mitigation has occurred.

(4)When a violation in the form of taking action without a permit, failure to maintain a stream protection buffer, or significant amounts of sediment, as determined by city or by the EPD director, have been or are being discharged into state waters and where best management practices have not been properly designed, installed, and maintained, a stop work order shall be issued by the city or by the EPD director. All such stop work orders shall be effective immediately upon issuance and shall be in effect until the necessary corrective action or mitigation has occurred. Such stop work orders shall apply to all land-disturbing activity on the site with the exception of the installation and maintenance of temporary or permanent erosion and sediment controls.

(c)Bond forfeiture. If, through inspection, it is determined that a person engaged in land-disturbing activities has failed to comply with the approved plan, a written notice to comply shall be served upon that person. The notice shall set forth necessary measures to achieve compliance with the plan and shall state the time within which such measures must be completed. If the person engaged in the land-disturbing activity fails to comply within the time specified, he shall be deemed in violation of this chapter and, in addition to other penalties, may be deemed to have forfeited his performance bond for erosion, sedimentation and pollution control, if required to post one. The city may call the bond or any part thereof to be forfeited and may use the proceeds to hire a contractor to stabilize the site of the land-disturbing activity and bring it into compliance.

(d)Any person who violates any provision of this chapter, or any permit condition or limitation established pursuant to this chapter, or who negligently or intentionally fails or refuses to comply with any final or emergency order of the city or the EPD director issued as provided in this chapter shall be liable for a civil penalty not to exceed two thousand five hundred dollars ($2,500.00) per day. For the purpose of enforcing the provisions of this chapter, notwithstanding any provisions in any City Charter or ordinance to the contrary, the municipal court of the city shall be authorized to impose a penalty not to exceed two thousand five hundred dollars ($2,500.00) for each violation. Notwithstanding any limitation of law as to penalties which can be assessed for violations, each day during which violation or failure or refusal to comply continues shall be a separate violation.

§ 12-1-7

Education and Certification

(a)Persons involved in land development design, review, permitting, construction, monitoring, or inspection or any land-disturbing activity shall meet the education and training certification requirements, dependent on their level of involvement with the process, as developed by the commission in consultation with the division and the stakeholder advisory board created pursuant to O.C.G.A. 12-7-20, as amended.

(b)For each site on which land-disturbing activity occurs, each entity or person acting as either a primary, secondary, or tertiary permittee, as defined in the state general permit, shall have as a minimum one person who is in responsible charge of erosion and sedimentation control activities on behalf of said entity or person and meets the applicable education or training certification requirements developed by the commission present on site whenever land-disturbing activities are conducted on that site. A project site shall herein be defined as any land-disturbance site or multiple sites within a larger common plan of development or sale permitted by an owner or operator for compliance with the state general permit.

(c)Persons or entities involved in projects not requiring a state general permit but otherwise requiring certified personnel on site may contract with certified persons to meet the requirements of this chapter.

(d)If a state general permittee who has operational control of land-disturbing activities for a site has met the certification requirements of paragraph (1) of subsection (b) of O.C.G.A. 12-7-19, as amended, then any person or entity involved in land-disturbing activity at that site and operating in a subcontractor capacity for such permittee shall meet those educational requirements specified in paragraph (4) of subsection (b) of O.C.G.A 12-7-19, as amended, and shall not be required to meet any educational requirements that exceed those specified in said paragraph.

§ 12-1-8

Administrative Appeal Judicial Review

(a)Administrative remedies. The suspension, revocation, modification or grant with condition of a permit by the city upon finding that the holder is not in compliance with the approved erosion, sediment and pollution control plan; or that the holder is in violation of permit conditions; or that the holder is in violation of any ordinance;

shall entitle the person submitting the plan or holding the permit to a hearing before the administrative hearing officer within 30 days after receipt by the city of written notice of appeal.

(b)Judicial review. Any person, aggrieved by a decision or order of the city, after exhausting his administrative remedies, shall have the right to appeal by writ of certiorari to the Superior Court of Hall County.

§ 12-1-9

Validity and Liability

(a)Liability.

(1)Neither the approval of a plan under the provisions of this chapter, nor the compliance with provisions of this chapter shall relieve any person from the responsibility for damage to any person or property otherwise imposed by law nor impose any liability upon the city or district for damage to any person or property.

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

(3)No provision of this chapter shall permit any persons to violate the Georgia Erosion and Sedimentation Act of 1975, the Georgia Water Quality Control Act or the rules and regulations promulgated and approved thereunder, as amended, or pollute any waters of the state as defined thereby.