Gainesville › Unified Land Development Code

Article 7 — Overlay Districts, Chapter 7-6 — WETLAND PROTECTION OVERLAY

current as of 2025-12-16verified current · checked 2026-08-24Officialofficial source ↗6 sections · full chapter

§ 7-6-1

Purpose and Intent

Wetlands are indispensable and fragile natural resources with significant development constraints due to flooding, erosion, and soils limitations. In their natural state, wetlands serve man and nature. They provide habitat areas for fish, wildlife and vegetation; water quality maintenance and pollution control; flood control; erosion control; natural resource education;

scientific study; and open space and recreational opportunities. In addition, the wise management of forested wetlands is essential to the well being of communities in the State of Georgia. Nationally, a considerable number of wetlands have been lost or impaired by draining, dredging, filling, excavating, building, pollution and other activities. Without additional regulation, piecemeal or cumulative losses of wetlands will continue to occur over time.

Therefore, it is in the interest of public safety and the general welfare to avoid damage or destruction to wetlands. The purpose of this Chapter is to promote wetlands protection by providing for the withholding of land use and building permits in areas designated as wetlands until a jurisdictional wetland determination is completed, and establishing permitted and prohibited land uses within wetlands.

§ 7-6-2

Definitions

Generalized wetlands map. A map of wetlands provided in the city’s comprehensive plan and/or any U.S. Fish and Wildlife Service National Wetlands Inventory (NWI) map showing wetlands within the local jurisdiction.

Jurisdictional wetland. An area that meets the definitional requirements for wetlands as determined by the U.S. Army Corps of Engineers.

Jurisdictional wetland determination. A delineation of jurisdictional wetland boundaries by the U.S. Army Corps of Engineers, as required by Section 404 of the Clean Water Act, 33 U.S.C. § 1344, as amended.

Wetlands. Those areas that are inundated or saturated by surface or groundwater 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. Wetlands shall include any area delineated as a wetland by the United States Army Corps of Engineers under its jurisdiction pursuant to Section 404 of the Federal Clean Water Act as amended; or any area shown on a 1:24,000 scale, United States Fish and Wildlife Service National Wetland Inventory Map as being a wetland; or any area shown on a 1:24,000 scale, State Department of Natural Resources land cover database map as being a wetland; or any area shown on the generalized wetland map as a wetland.

§ 7-6-3

Boundaries and Map

The Generalized Wetlands Map, as defined by this Chapter, together with all explanatory matter thereon, is hereby adopted by reference hereby made a part of this ULDC.

The Generalized Wetland Map is a general reference document and wetland boundaries indicated on the map are approximations. The purpose of the Generalized Wetland Map is to alert developers and landowners if they are within proximity to a wetland, which means that there is a high likelihood of the presence of a jurisdictional wetland and a need for the developer or landowner to seek U.S. Army Corps of Engineers guidance as to whether a Section 404 Permit will be required prior to any activity. The Generalized Wetland Map does not necessarily represent the exact boundaries of jurisdictional wetlands within the City of Gainesville and cannot serve as a substitute for a delineation of wetland boundaries by the U.S. Army Corps of Engineers, as required by Section 404 of the Clean Water Act, as amended. Any local government action under this Ordinance does not relieve the landowner from federal and state permitting requirements.

§ 7-6-4

Prohibited Uses

All activities which are not exempted shall be prohibited without prior issuance of a local development permit. The following uses are prohibited within wetlands shown on the Generalized Wetlands Map:

(a)Receiving areas for toxic or hazardous waste or other contaminants.

(b)Hazardous or sanitary waste landfills.

§ 7-6-5

Permitted Uses

The following uses shall be allowed within an area shown as a wetland on the Generalized Wetlands Map, to the extent that they are not prohibited by any other ordinance or law, including laws of trespass, and provided they do not require structures, grading, fill, draining, or dredging except as provided herein.

(a)Conservation or preservation of soil, water, vegetation, fish and other wildlife, provided it does not affect waters of Georgia or of the Unites States in such a way that would require an individual 404 Permit.

(b)Outdoor passive recreational activities, including fishing, bird watching, hiking, boating, horseback riding, and canoeing.

(c)Forestry practices applied in accordance with best management practices approved by the Georgia Forestry Commission and as specified in Section 404 of the Clean Water Act.

(d)The cultivation of agricultural crops. Agricultural activities shall be subject to best management practices approved by the Georgia Department of Agriculture.

(e)The pasturing of livestock, provided that riparian wetlands are protected, that soil profiles are not disturbed and that approved agricultural Best Management Practices are followed.

(f)Education, scientific research, and nature trails.

(g)Other uses permitted under Section 404 of the Clean Water Act.

§ 7-6-6

Land Development Permits

(a)Compliance required. No regulated activity will be permitted within the Wetland Protection Overlay without prior approval by the City of Gainesville in the form of a local development permit. Issuance of a local development permit is contingent upon full compliance with the terms of this Chapter 9-7-7 and other applicable regulations.

(b)Assessment. Prior to issuance of a local development permit, the Director shall assess whether the proposed activity is of a type that could result in a disturbance of wetlands and, if so, shall also assess whether the proposed activity is located within the Wetland Protection Overlay or within 50 feet of the district.

(c)Issuance. If the Director determines that the proposed activity is of a type that could not result in a disturbance of wetlands, or if the proposed activity is not located within the Wetland Protection Overlay or within 50 feet of the Overlay, the Director shall follow normal procedures for issuing a development permit.

(d)Jurisdictional wetland determination. If the Director determines that the proposed activity is of a type that could result in a disturbance of wetlands and that the proposed activity is located within the wetland protection district, or within 50 feet of the wetland protection district, a U.S. Army Corps of Engineers jurisdictional wetland determination shall be required prior to issuance of a local development permit.

(e)Issuance after determination. If the U.S. Army Corps of Engineers determines that the proposed activity would not require a Department of Army permit, the Director shall proceed with normal procedures for issuing a local development permit. If a permit or permission is required by the Corps, the local development permit shall not be issued until compliance with Corps requirements is achieved or future compliance demonstrated.