Gainesville › Unified Land Development Code

Article 12 — Environment, Chapter 12-3 — STREAM PROTECTION BUFFERS

current as of 2025-12-16verified current · checked 2026-08-24Officialofficial source ↗17 sections · full chapter

§ 12-3-1

Findings

Whereas the city finds that buffers adjacent to streams provide numerous benefits including:

(a)Protecting, restoring and maintaining the chemical, physical and biological integrity of streams and their water resources

(b)Removing pollutants delivered in urban stormwater

(c)Reducing erosion and controlling sedimentation

(d)Protecting and stabilizing stream banks

(e)Providing for infiltration of stormwater runoff

(f)Maintaining base flow of streams

(g)Contributing organic matter that is a source of food and energy for the aquatic ecosystem

(h)Providing tree canopy to shade streams and promote desirable aquatic habitat

(i)Providing riparian wildlife habitat

(j)Furnishing scenic value and recreational opportunity

(k)Providing opportunities for the protection and restoration of greenspace

§ 12-3-2

Purposes

This chapter sets standards for stream buffers to:

(a)Protect the public health, safety, environment and general welfare;

(b)Minimize public and private losses due to erosion, siltation and water pollution;

(c)Maintain stream water quality by creating and maintaining buffer zones along the streams of the city for the protection of water resources; and,

(d)Minimize land development within such buffers by establishing buffer zone requirements and by requiring authorization for any such activities.

§ 12-3-3

Applicability

This chapter shall apply to all land development activity on property containing a stream protection area as defined in this ULDC. After the effective date of these provisions as originally adopted, it shall apply to new subdividing and platting activities. Any land development activity within a stream protection buffer established hereunder or any impervious cover within a stream buffer setback established hereunder is prohibited unless a variance is granted. These requirements are in addition to, and do not replace or supersede, any other applicable buffer requirements established under state law and approval or exemption from these requirements do not constitute approval or exemption from buffer requirements established under state law or from other applicable local, state or federal regulations.

§ 12-3-4

Compatibility with Other Buffer Regulations and

Requirements This chapter is not intended to interfere with, abrogate or annul any other ordinance, rule or regulation, statute or other provision of law. The requirements of this chapter should be considered minimum requirements, and where any provision of this chapter imposes restrictions different from those imposed by any other ordinance, rule, regulation or other provision of law, whichever provisions are more restrictive or impose higher protective standards for human health or the environment shall take precedence.

§ 12-3-5

Exemptions

The following specific activities are exempt from this chapter. Exemption of these activities does not constitute an exemption for any other activity proposed on a property.

(a)Activities for the purpose of building one of the following:

(1)A stream crossing by a driveway, transportation route or utility line;

(2)Public water supply intake or public wastewater outfall structures;

(3)Intrusions necessary to provide access to a property;

(4)Public access facilities that must be on the water including boat ramps, docks, foot trails leading directly to the river, fishing platforms and overlooks;

(5)Unpaved foot trails and paths;

(6)Activities to restore and enhance stream bank stability, vegetation, water quality and/or aquatic habitat, so long as native vegetation and bioengineering techniques are used.

(b)Public sewer line easements paralleling the creek, except that all easements (permanent and construction) and land disturbance should be at least 25 feet from the top of the bank. This includes such impervious cover as is necessary for the operation and maintenance of the utility, including but not limited to manholes, vents and valve structures. This exemption shall not be construed as allowing the construction of roads, bike paths or other transportation routes in such easements, regardless of paving material, except for access for the uses specifically cited above.

(c)Land development activities within a right-of-way existing at the time this chapter takes effect or approved under the terms of this chapter.

(d)Within an easement of any utility existing at the time this chapter as originally adopted takes effect or approved under the terms of this Code, land disturbance activities and such impervious cover as is necessary for the operation and maintenance of the utility, including but not limited to manholes, vents and valve structures.

(e)Emergency work necessary to preserve life or property. However, when emergency work is performed under this chapter, the person performing it shall report such work to the director of water resources on the next business day after commencement of the work. Within 10 days thereafter, the person shall apply for a permit and perform such work within such time period as may be determined by the director of water resources to be reasonably necessary to correct any impairment such emergency work may have caused to the water conveyance capacity, stability or water quality of the protection area.

(f)Forestry and silviculture activities on land zoned for forestry, silvicultural or agricultural uses and are not incidental to other land development activity. If such activity results in land disturbance in the buffer that would otherwise be prohibited, then no other land disturbing activity other than normal forest management practices will be allowed on the entire property for three years after the end of the activities that intruded on the buffer.

§ 12-3-6

Stream Protection Buffer and Stream Buffer Setback

Requirements All land development activity subject to this chapter shall meet the following requirements:

(a)An undisturbed natural vegetative stream protection buffer shall be maintained for 50 feet, measured horizontally, on both banks (as applicable) of the stream as measured from the top of the stream bank. The land forming the bank is also considered part of the buffer for purposes of this chapter.

(b)An additional stream buffer setback shall be maintained for 25 feet, measured horizontally, beyond the undisturbed natural vegetative stream protection buffer, in which all impervious cover shall be prohibited. Grading, filling and earthmoving shall be minimized within this setback.

(c)No septic tanks or septic tank drain fields shall be permitted within the buffer or the setback.

§ 12-3-7

Stream Protection Buffer Variances

Variances from the above buffer and setback requirements may be granted in accordance with the following provisions:

(a)Where a parcel was platted prior to the effective date of this chapter as originally adopted, and its shape, topography or other existing physical condition prevents land development consistent with this chapter, and the Director of Water Resources finds and determines that the requirements of this Code prohibit the otherwise lawful use of the property by the owner, the Board of Planning and Appeals of the city may grant a variance from the buffer and setback requirements of this chapter, provided such variance require mitigation measures to offset the effects of any proposed land development on the parcel.

(b)Except as provided in subsection (a), the Board of Planning and Appeals of the city shall grant no variance from any provision of this chapter without first conducting a public hearing on the application for variance and authorizing the granting of the variance by an affirmative vote of the board. The city shall give public notice of each such public hearing in a local newspaper of general circulation and shall require that the applicant post a sign giving notice of the proposed variance and the public hearing. The sign shall be of a size and posted in such a location on the property as to be clearly visible from the primary adjacent road right-of- way.

§ 12-3-8

Stream Protection Variance Buffer Criteria

(a)Variances will be considered only in the following cases:

(1)When a property's shape, topography, or other physical conditions existing at the time of the adoption of this chapter prevents land development unless a stream buffer protection variance is granted; or

(2)Unusual circumstances when strict adherence to the minimal buffer requirements in this chapter would create an extreme hardship.

(b)Variances will not be considered when, following original adoption of this chapter, actions of any property owner of a given property have created conditions of a hardship on that property.

(c)The following factors will be considered in determining whether to issue a stream protection buffer variance:

(1)The shape, size, topography, slope, soils, vegetation and other physical characteristics of the property;

(2)The locations of all streams on the property, including along property boundaries;

(3)The location and extent of the proposed buffer or setback intrusion; and

(4)Whether alternative designs are possible which require less intrusion or no intrusion;

(5)The long-term and construction water-quality impacts of the proposed variance;

and

(6)Whether issuance of the variance is at least as protective of natural resources and the environment.

§ 12-3-9

Variance Application Requirements

In addition to the requirements for variance applications specified generally by this Code, a request to vary the provisions of this chapter shall at minimum include the following information:

(a)A site map that includes locations of all streams, wetlands, floodplain boundaries and other natural features, as determined by field survey;

(b)A description of the shape, size, topography, slope, soils, vegetation and other physical characteristics of the property;

(c)A detailed site plan that shows the locations of all existing and proposed structures and other impervious cover, the limits of all existing and proposed land disturbance, both inside and outside the buffer and setback. The exact area of the buffer to be affected shall be accurately and clearly indicated;

(d)Documentation of unusual hardship should the buffer be maintained;

(e)At least one alternative plan, which does not include a buffer or setback intrusion, or an explanation of why such a site plan is not possible;

(f)A calculation of the total area and length of the proposed intrusion;

(g)A stormwater management site plan, if applicable; and

(h)Proposed mitigation, if any, for the intrusion. If no mitigation is proposed, the request must include an explanation of why none is being proposed.

§ 12-3-10

Stream Protection Buffer Zone Development Review

Requirements Any permit applications for property requiring stream protection buffers and setbacks must include the following:

(a)A site plan showing:

(1)The location of all streams on the property;

(2)Limits of required stream buffers and setbacks on the property;

(3)Buffer zone topography with contour lines at no greater than five-foot contour intervals;

(4)Delineation of forested and open areas in the buffer zone; and

(5)Detailed plans of all proposed land development in the buffer and of all proposed impervious cover within the setback;

(b)A description of all proposed land development within the buffer and setback; and

(c)Any other documentation that the director of water resources may reasonably deem necessary for review of the application and to ensure that the stream protection buffer zone is addressed in the approval process.

All buffer and setback areas must be recorded on the final plat of the property following plan approval.

§ 12-3-11

Responsibility

Neither the issuance of a development permit nor compliance with the conditions thereof, nor compliance with the provisions of this chapter, shall relieve any person from any responsibility otherwise imposed by law for damage to persons or property; nor shall the issuance of any permit hereunder serve to impose any liability upon the city, its officers or employees, for injury or damage to persons or property.

§ 12-3-12

Inspection of Stream Protection Buffer Zone

(a)The Director of Water Resources, or their designee, may cause inspections of the work in the stream protection buffer or setback to be made periodically during the course thereof and shall make a final inspection following completion of the work. The permittee shall assist the Director, or their representative, in making such inspections.

The city shall have the authority to conduct such investigations as it may reasonably deem necessary to carry out its duties as prescribed in this section, and for this purpose to enter at reasonable time upon any property, public or private, for the purpose of investigating and inspecting the sites of any land development activities within the stream protection buffer zone.

(b)No person shall refuse entry or access to any authorized representative or agent who requests entry for 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 official duties.

§ 12-3-13

Violations, Enforcement and Penalties

Any action or inaction which violates the provisions of this chapter, or the requirements of an approved site plan or permit, will be subject to the enforcement actions outlined in this chapter or in Chapter 20-2. Any such action or inaction which is continuous with respect to time is deemed to be a public nuisance and may be abated by injunctive or other equitable relief. The imposition of any of the penalties shall not prevent such equitable relief.

§ 12-3-14

Notice of Violation

If the Director of Water Resources determines that an applicant or other responsible person has failed to comply with the terms and conditions of a permit, an approved site plan or the provisions of this chapter, the director shall issue a written notice of violation to such applicant or other responsible person. Where a person is engaged in activity covered by this chapter without having first secured the appropriate permit, the notice of violation shall be served on the owner or the responsible person in charge of the activity being conducted on the site. The notice of violation shall contain:

(a)The name and address of the owner or the applicant or the responsible person;

(b)The address or other description of the site upon which the violation is occurring;

(c)A statement specifying the nature of the violation;

(d)A description of the remedial measures necessary to bring the action or inaction into compliance with the permit, the approved site plan or this chapter and the date for the completion of such remedial action;

(e)A statement of the penalty or penalties that may be assessed against the person to whom the notice of violation is directed; and,

(f)A statement that the determination of violation may be appealed to the director of water resources by filing a written notice of appeal within 30 days after the notice of violation (except that in the event the violation constitutes an immediate danger to public health or public safety, 24-hour notice shall be sufficient).

§ 12-3-15

Penalties

In the event the remedial measures described in the notice of violation have not been completed by the date set forth for such completion in the notice of violation, any one or more of the following actions or penalties may be taken or assessed against the person to whom the notice of violation was directed. Before taking any of the following actions or imposing any of the following penalties, the Director of Water Resources shall first notify the applicant or other responsible person in writing of the Director’s intended action, and shall provide a reasonable opportunity, of not less than 10 days (except that in the event the violation constitutes an immediate danger to public health or public safety, 24-hour notice shall be sufficient) to cure such violation. In the event the applicant or other responsible person fails to cure such violation after such notice and cure period, the Director of Water Resources may take any one or more of the following actions or impose any one or more of the following penalties:

(a)Stop Work Order. The Director of Water Resources may issue a stop work order, which shall be served on the applicant or other responsible person. The stop work order shall remain in effect until the applicant or other responsible person has taken the remedial measures set forth in the notice of violation or has otherwise cured the violation or violations described therein, provided the stop work order may be withdrawn or modified to enable the applicant or other responsible person to take necessary remedial measures to cure such violation or violations.

(b)Withhold Certificate of Occupancy. The Director of Water Resources may refuse to issue a certificate of occupancy for the building or other improvements constructed or being constructed on the site until the applicant or other responsible person has taken the remedial measures set forth in the notice of violation or has otherwise cured the violations described therein.

(c)Suspension, Revocation or Modification of Permit. The Director of Water Resources may suspend, revoke or modify the permit authorizing the land development project.

A suspended, revoked or modified permit may be reinstated after the applicant or other responsible person has taken the remedial measures set forth in the notice of violation or has otherwise cured the violations described therein, provided such permit may be reinstated (upon such conditions as the director of water resources may deem necessary) to enable the applicant or other responsible person to take the necessary remedial measures to cure such violations.

(d)Civil Penalties. In the event the applicant or other responsible person fails to take the remedial measures set forth in the notice of violation or otherwise fails to cure the violations described therein within 10 days (or such greater period as the director of water resources shall deem appropriate) (except that in the event the violation constitutes an immediate danger to public health or public safety, 24-hour notice shall be sufficient) after the Director of Water Resources has taken one or more of the actions described above, the Director may impose a penalty not to exceed $1,000 (depending on the severity of the violation) for each day the violation remains unremedied after receipt of the notice of violation.

(e)Criminal Penalties. For intentional and flagrant violations of this chapter, the Director of Water Resources may issue a citation to the applicant or other responsible person, requiring such person to appear in the municipal court of the city to answer charges for such violation. Upon conviction, such person shall be punished by a fine not to exceed $1,000 or imprisonment for 60 days or both. Each act of violation and each day upon which any violation shall occur shall constitute a separate offense.

§ 12-3-16

Administrative Appeal and Judicial Review

(a)Administrative Appeal. Any person aggrieved by a decision or order of the Director of Water Resources, may appeal in writing within 30 days after the issuance of such decision or order to the city clerk’s office and shall be entitled to a hearing before the designated administrative hearing officer of the city within 30 days of receipt of the written appeal.

(b)Judicial Review. Any person aggrieved by a decision or order of the Director of Water Resources, after exhausting all administrative remedies, shall have the right to appeal de novo to the Superior Court of Hall County.

§ 12-3-17

Severability

If any section, subsection, paragraph, clause, phrase or provision of this chapter shall be adjudged invalid or held unconstitutional, such decision shall not affect or invalidate the remaining portions of this chapter.