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Model Soil Erosion, Sedimentation 7. CPESC: Certified Professional in Erosion And Pollution Control and Sediment Control with current certification by EnviroCert, Inc., which is Ordinance also referred to as CPESC or CPESC, Inc. 8. Cut: A portion of land surface or area NOW, THEREFORE, BE IT ORDAINED, from which earth has been removed or BY will be removed by excavation; the depth below original ground surface to the excavated surface. Also known as SECTION I excavation. TITLE 9. Department: The Georgia Department of Natural Resources (DNR). This ordinance will be known as “ 10. Design Professional: A professional Soil Erosion, Sedimentation and Pollution licensed by the State of Georgia in the Control Ordinance.” field of: engineering, architecture, landscape architecture, forestry, geology, SECTION II or land surveying; or a person that is a DEFINITIONS Certified Professional in Erosion and Sediment Control (CPESC) with a The following definitions shall apply in the current certification by EnviroCert, Inc. interpretation and enforcement of this Design Professionals shall practice in a ordinance, unless otherwise specifically stated: manner that complies with applicable Georgia law governing professional 1. Best Management Practices (BMPs): licensure. These include sound conservation and 11. Director: The Director of the engineering practices to prevent and Environmental Protection Division or an minimize erosion and resultant authorized representative. sedimentation, which are consistent with, 12. District: The Soil and Water and no less stringent than, those Conservation District. practices contained in the ‘Manual for 13. Division: The Environmental Protection Erosion and Sediment Control in Division (EPD) of the Department of Georgia’ published by the Commission Natural Resources. as of January 1 of the year in which the 14. Drainage Structure: A device land-disturbing activity was permitted. composed of a virtually nonerodible 2. Board: The Board of Natural Resources. material such as concrete, steel, plastic 3. Buffer: The area of land immediately or other such material that conveys water adjacent to the banks of state waters in from one place to another by intercepting its natural state of vegetation, which the flow and carrying it to a release point facilitates the protection of water quality for storm water management, drainage and aquatic habitat. control, or flood control purposes. 4. Certified Personnel: A person who has 15. Erosion: The process by which land successfully completed the appropriate surface is worn away by the action of certification course approved by the wind, water, ice or gravity. Georgia Soil and Water Conservation 16. Erosion, Sedimentation and Pollution Commission. Control Plan: A plan required by the 5. Coastal Marshlands: Shall have the Erosion and Sedimentation Act, same meaning as in O.C.G.A. 12-5-282. O.C.G.A. Chapter 12-7, that includes, as 6. Commission: The Georgia Soil and a minimum protections at least as Water Conservation Commission stringent as the State General Permit, (GSWCC). best management practices, and

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requirements in section IV.C. of this construction activities are occurring ordinance. under one plan of development or sale. 17. Fill: A portion of land surface to which For the purposes of this paragraph, soil or other solid material has been “plan” means an announcement; piece of added; the depth above the original documentation such as a sign, public ground surface or an excavation. notice or hearing, sales pitch, 18. Final Stabilization: All soil disturbing advertisement, drawing, permit activities at the site have been application, zoning request, or computer completed, and that for unpaved areas design; or physical demarcation such as and areas not covered by permanent boundary signs, lot stakes, or surveyor structures and areas located outside the markings, indicating that construction waste disposal limits of a landfill cell that activities may occur on a specific plot. has been certified by EPD for waste 24. Local Issuing Authority: The governing disposal, 100% of the soil surface is authority of any county or municipality uniformly covered in permanent which is certified pursuant to subsection vegetation with a density of 70% or (a) O.C.G.A. 12-7-8. greater, or landscaped according to the 25. Metropolitan River Protection Act Plan (uniformly covered with landscaping (MRPA): A state law referenced as materials in planned landscape areas), O.C.G.A. 12-5-440 et.seq. which or equivalent permanent stabilization addresses environmental and measures as defined in the Manual developmental matters in certain (excluding a crop of annual vegetation metropolitan river corridors and their and seeding of target crop perennials drainage basins. appropriate for the region). Final 26. Natural Ground Surface: The ground stabilization applies to each phase of surface in its original state before any construction. grading, excavation or filling. 19. Finished Grade: The final elevation and 27. Nephelometric Turbidity Units (NTU): contour of the ground after cutting or Numerical units of measure based upon filling and conforming to the proposed photometric analytical techniques for design. measuring the light scattered by finely 20. Grading: Altering the shape of ground divided particles of a substance in surfaces to a predetermined condition; suspension. This technique is used to this includes stripping, cutting, filling, estimate the extent of turbidity in water in stockpiling and shaping or any which colloidally dispersed or suspended combination thereof and shall include the particles are present. land in its cut or filled condition. 28. NOI: A Notice of Intent form provided by 21. Ground Elevation: The original EPD for coverage under the State elevation of the ground surface prior to General Permit. cutting or filling. 29. NOT: A Notice of Termination form 22. Land-Disturbing Activity: Any activity provided by EPD to terminate coverage which may result in soil erosion from under the State General Permit. water or wind and the movement of 30. Operator: The party or parties that have: sediments into state waters or onto lands (A) operational control of construction within the state, including, but not limited project plans and specifications, to, clearing, dredging, grading, including the ability to make excavating, transporting, and filling of modifications to those plans and land but not including agricultural specifications; or (B) day-to-day practices as described in Section III, operational control of those activities that Paragraph 5. are necessary to ensure compliance with 23. Larger Common Plan of Development an erosion, sedimentation and pollution or Sale: A contiguous area where control plan for the site or other permit multiple separate and distinct conditions, such as a person authorized

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to direct workers at a site to carry out carrying water to a release point on the activities required by the erosion, other side. sedimentation and pollution control plan 38. Sediment: Solid material, both organic or to comply with other permit conditions. and inorganic, that is in suspension, is 31. Outfall: The location where storm water being transported, or has been moved in a discernible, confined and discrete from its site of origin by wind, water, ice, conveyance, leaves a facility or site or, if or gravity as a product of erosion. there is a receiving water on site, 39. Sedimentation: The process by which becomes a point source discharging into eroded material is transported and that receiving water. deposited by the action of water, wind, 32. Permit: The authorization necessary to ice or gravity. conduct a land-disturbing activity under 40. Soil and Water Conservation District the provisions of this ordinance. Approved Plan: An erosion, 33. Person: Any individual, partnership, firm, sedimentation and pollution control plan association, joint venture, public or approved in writing by the Soil and private corporation, trust, estate, Water Conservation District. commission, board, public or private 41. Stabilization: The process of institution, utility, cooperative, state establishing an enduring soil cover of agency, municipality or other political vegetation by the installation of subdivision of the State of Georgia, any temporary or permanent structures for interstate body or any other legal entity. the purpose of reducing to a minimum 34. Phase or Phased: Sub-parts or the erosion process and the resultant segments of construction projects where transport of sediment by wind, water, ice the sub-part or segment is constructed or gravity. and stabilized prior to completing 42. State General Permit: The National construction activities on the entire Pollution Discharge Elimination System construction site. (NPDES) general permit or permits for 35. Project: The entire proposed storm water runoff from construction development project regardless of the activities as is now in effect or as may be size of the area of land to be disturbed. amended or reissued in the future 36. Properly Designed: Designed in pursuant to the state’s authority to accordance with the design requirements implement the same through federal and specifications contained in the delegation under the Federal Water “Manual for Erosion and Sediment Pollution Control Act, as amended, 33 Control in Georgia” (Manual) published U.S.C. Section 1251, et seq., and by the Georgia Soil and Water subsection (f) of Code Section 12-5-30. Conservation Commission as of January 43. State Waters: Any and all rivers, 1 of the year in which the land-disturbing streams, creeks, branches, lakes, activity was permitted and amendments reservoirs, ponds, drainage systems, to the Manual as approved by the springs, wells, and other bodies of Commission up until the date of NOI surface or subsurface water, natural or submittal. artificial, lying within or forming a part of 37. Roadway Drainage Structure: A device the boundaries of Georgia which are not such as a bridge, culvert, or ditch, entirely confined and retained completely composed of a virtually nonerodible upon the property of a single individual, material such as concrete, steel, plastic, partnership, or corporation. or other such material that conveys water 44. Structural Erosion, Sedimentation and under a roadway by intercepting the flow Pollution Control Practices: Practices on one side of a traveled roadway for the stabilization of erodible or consisting of one or more defined lanes, sediment-producing areas by utilizing the with or without shoulder areas, and mechanical properties of matter for the purpose of either changing the surface of

3 Revised June 2016

the land or storing, regulating or which water flows either continuously or disposing of runoff to prevent excessive intermittently and which has a definite sediment loss. Examples of structural channel, bed and banks, and including erosion and sediment control practices any area adjacent thereto subject to are riprap, sediment basins, dikes, level inundation by reason of overflow or spreaders, waterways or outlets, floodwater. diversions, grade stabilization structures 48. Wetlands: Those areas that are and sediment traps, etc. Such practices inundated or saturated by surface or can be found in the publication Manual ground water at a frequency and duration for Erosion and Sediment Control in sufficient to support, and that under Georgia. normal circumstances do support a 45. Trout Streams: All streams or portions prevalence of vegetation typically of streams within the watershed as adapted for life in saturated soil designated by the Wildlife Resources conditions. Wetlands generally include Division of the Georgia Department of swamps, marshes, bogs, and similar Natural Resources under the provisions areas. of the Georgia Water Quality Control Act, O.C.G.A. 12-5-20, in the rules and SECTION III regulations for Water Quality Control, EXEMPTIONS Chapter 391-3-6 at www.epd.georgia.gov. Streams This ordinance shall apply to any land- designated as primary trout waters are disturbing activity undertaken by any person on defined as water supporting a self- any land except for the following sustaining population of rainbow, brown 1. Surface mining, as the same is or brook trout. Streams designated as defined in O.C.G.A. 12-4-72, "The secondary trout waters are those in Georgia Surface Mining Act of 1968". which there is no evidence of natural 2. Granite quarrying and land clearing trout reproduction, but are capable of for such quarrying; supporting trout throughout the year. 3. Such minor land-disturbing activities as First order trout waters are streams into home gardens and individual home which no other streams flow except landscaping, repairs, maintenance work, springs. fences, and other related activities which 46. Vegetative Erosion and Sedimentation result in minor soil erosion; Control Measures: Measures for the 4. The construction of single-family stabilization of erodible or sediment- residences, when such construction producing areas by covering the soil disturbs less than one (1) acre and is not with: a part of a larger common plan of a. Permanent seeding, sprigging or development or sale with a planned planting, producing long-term disturbance of equal to or greater than vegetative cover, or one (1) acre and not otherwise exempted b. Temporary seeding, producing under this paragraph; provided, however, short-term vegetative cover; or that construction of any such residence c. Sodding, covering areas with a shall conform to the minimum turf of perennial sod-forming requirements as set forth in O.C.G.A. 12- grass. 7-6 and this paragraph. For single-family Such measures can be found in the residence construction covered by the publication Manual for Erosion and provisions of this paragraph, there shall Sediment Control in Georgia. be a buffer zone between the residence 47. Watercourse: Any natural or artificial and any state waters classified as trout watercourse, stream, river, creek, streams pursuant to Article 2 of Chapter channel, ditch, canal, conduit, culvert, 5 of the Georgia Water Quality Control drain, waterway, gully, ravine, or wash in Act. In any such buffer zone, no land-

4 Revised June 2016

disturbing activity shall be constructed period of three (3) years after completion between the residence and the point of such forestry practices; where vegetation has been wrested by 7. Any project carried out under the normal stream flow or wave action from technical supervision of the Natural the banks of the trout waters. For Resources Conservation Service (NRCS) primary trout waters, the buffer zone shall of the United States Department of be at least 50 horizontal feet, and no Agriculture; variance to a smaller buffer shall be 8. Any project involving less than one granted. For secondary trout waters, the (1) acre of disturbed area; provided, buffer zone shall be at least 50 horizontal however, that this exemption shall not feet, but the Director may grant variances apply to any land-disturbing activity within to no less than 25 feet. Regardless of a larger common plan of development or whether a trout stream is primary or sale with a planned disturbance of equal secondary, for first order trout waters, to or greater than one (1) acre or within which are streams into which no other 200 feet of the bank of any state waters, streams flow except for springs, the and for purposes of this paragraph, buffer shall be at least 25 horizontal feet, “State Waters” excludes channels and and no variance to a smaller buffer shall drainage ways which have water in them be granted. The minimum requirements only during and immediately after rainfall of subsection (b) of O.C.G.A. 12-7-6 and events and intermittent streams which do the buffer zones provided by this not have water in them year-round; paragraph shall be enforced by the Local provided, however, that any person Issuing Authority; responsible for a project which involves 5. Agricultural operations as defined in less than one (1) acre, which involves O.C.G.A. 1-3-3, "definitions", to include land-disturbing activity, and which is raising, harvesting or storing of products within 200 feet of any such excluded of the field or orchard; feeding, breeding channel or drainage way, must prevent or managing livestock or poultry; sediment from moving beyond the producing or storing feed for use in the boundaries of the property on which such production of livestock, including but not project is located and provided, further, limited to cattle, calves, swine, hogs, that nothing contained herein shall goats, sheep, and rabbits or for use in prevent the Local Issuing Authority from the production of poultry, including but regulating any such project which is not not limited to chickens, hens and turkeys; specifically exempted by paragraphs 1, 2, producing plants, trees, fowl, or animals; 3, 4, 5, 6, 7, 9 or 10 of this section; the production of aqua culture, 9. Construction or maintenance horticultural, dairy, livestock, poultry, projects, or both, undertaken or financed eggs and apiarian products; farm in whole or in part, or both, by the buildings and farm ponds; Department of Transportation, the 6. Forestry land management Georgia Highway Authority, or the State practices, including harvesting; provided, Road and Tollway Authority; or any road however, that when such exempt forestry construction or maintenance project, or practices cause or result in land- both, undertaken by any county or disturbing or other activities otherwise municipality; provided, however, that prohibited in a buffer, as established in construction or maintenance projects of paragraphs (15) and (16) of Section IV C. the Department of Transportation or the of this ordinance, no other land-disturbing State Road and Tollway Authority which activities, except for normal forest disturb one or more contiguous acres of management practices, shall be allowed land shall be subject to provisions of on the entire property upon which the O.C.G.A. 12-7-7.1; except where the forestry practices were conducted for a Department of Transportation, the Georgia Highway Authority, or the State

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Road and Tollway Authority is a MINIMUM REQUIREMENTS FOR secondary permittee for a project located EROSION, SEDIMENTATION AND within a larger common plan of POLLUTION CONTROL USING BEST development or sale under the state MANAGEMENT PRACTICES general permit, in which case a copy of a notice of intent under the state general A. GENERAL PROVISIONS permit shall be submitted to the Local Excessive soil erosion and resulting Issuing Authority, the Local Issuing sedimentation can take place during land- Authority shall enforce compliance with disturbing activities if requirements of the the minimum requirements set forth in ordinance and the NPDES General Permit O.C.G.A. 12-7-6 as if a permit had been are not met. Therefore, plans for those issued, and violations shall be subject to land-disturbing activities which are not the same penalties as violations by exempted by this ordinance shall contain permit holders; provisions for application of soil erosion, 10. Any land-disturbing activities sedimentation and pollution control conducted by any electric membership measures and practices. The provisions corporation or municipal electrical system shall be incorporated into the erosion, or any public utility under the regulatory sedimentation and pollution control plans. jurisdiction of the Public Service Soil erosion, sedimentation and pollution Commission, any utility under the control measures and practices shall regulatory jurisdiction of the Federal conform to the minimum requirements of Energy Regulatory Commission, any Section IV B. & C. of this ordinance. The cable television system as defined in application of measures and practices shall O.C.G.A. 36-18-1, or any agency or apply to all features of the site, including instrumentality of the United States street and utility installations, drainage engaged in the generation, transmission, facilities and other temporary and or distribution of power; except where an permanent improvements. Measures shall electric membership corporation or be installed to prevent or control erosion, municipal electrical system or any public sedimentation and pollution during all utility under the regulatory jurisdiction of stages of any land-disturbing activity in the Public Service Commission, any accordance with requirements of this utility under the regulatory jurisdiction of ordinance and the NPDES General Permit. the Federal Energy Regulatory Commission, any cable television system B. MINIMUM REQUIREMENTS/ BMPs as defined in O.C.G.A. 36-18-1, or any 1. Best management practices as set forth agency or instrumentality of the United in Section IV B. & C. of this ordinance states engaged in the generation, shall be required for all land-disturbing transmission, or distribution of power is a activities. Proper design, installation, secondary permittee for a project located and maintenance of best management within a larger common plan of practices shall constitute a complete development or sale under the state defense to any action by the Director or general permit, in which case the Local to any other allegation of noncompliance Issuing Authority shall enforce with paragraph (2) of this subsection or compliance with the minimum any substantially similar terms contained requirements set forth in O.C.G.A. 12-7-6 in a permit for the discharge of storm as if a permit had been issued, and water issued pursuant to subsection (f) violations shall be subject to the same of O.C.G.A. 12-5-30, the "Georgia Water penalties as violations by permit holders; Quality Control Act". As used in this and subsection the terms "proper design” 11. Any public water system reservoir. and “properly designed” mean designed in accordance with the hydraulic design SECTION IV specifications contained in the “Manual 6 Revised June 2016

for Erosion and Sediment Control in C. The rules and regulations, ordinances, or Georgia” specified in O.C.G.A. 12-7-6 resolutions adopted pursuant to O.C.G.A. subsection (b). 12-7-1 et. seq. for the purpose of governing 2. A discharge of storm water runoff from land-disturbing activities shall require, as a disturbed areas where best minimum, protections at least as stringent management practices have not been as the state general permit; and best properly designed, installed, and management practices, including sound maintained shall constitute a separate conservation and engineering practices to violation of any land-disturbing permit prevent and minimize erosion and resultant issued by a local Issuing Authority or of sedimentation, which are consistent with, any state general permit issued by the and no less stringent than, those practices Division pursuant to subsection (f) of contained in the Manual for Erosion and O.C.G.A. 12-5-30, the "Georgia Water Sediment Control in Georgia published by Quality Control Act", for each day on the Georgia Soil and Water Conservation which such discharge results in the Commission as of January 1 of the year in turbidity of receiving waters being which the land-disturbing activity was increased by more than twenty-five (25) permitted, as well as the following: nephelometric turbidity units for waters 1. Stripping of vegetation, regrading and supporting warm water fisheries or by other development activities shall be more than ten (10) nephelometric conducted in a manner so as to turbidity units for waters classified as minimize erosion; trout waters. The turbidity of the 2. Cut-fill operations must be kept to a receiving waters shall be measured in minimum; accordance with guidelines to be issued 3. Development plans must conform to by the Director. This paragraph shall topography and soil type so as to create not apply to any land disturbance the lowest practicable erosion potential; associated with the construction of 4. Whenever feasible, natural vegetation single family homes which are not part shall be retained, protected and of a larger common plan of development supplemented; or sale unless the planned disturbance 5. The disturbed area and the duration of for such construction is equal to or exposure to erosive elements shall be greater than five (5) acres. kept to a practicable minimum; 3. Failure to properly design, install, or 6. Disturbed soil shall be stabilized as maintain best management practices quickly as practicable; shall constitute a violation of any land- 7. Temporary vegetation or mulching shall disturbing permit issued by a Local be employed to protect exposed critical Issuing Authority or of any state general areas during development; permit issued by the Division pursuant 8. Permanent vegetation and structural to subsection (f) of Code Section 12-5- erosion control practices shall be 30, the "Georgia Water Quality Control installed as soon as practicable; Act", for each day on which such failure 9. To the extent necessary, sediment in occurs. run-off water must be trapped by the 4. The Director may require, in accordance use of debris basins, sediment basins, with regulations adopted by the Board, silt traps, or similar measures until the reasonable and prudent monitoring of disturbed area is stabilized. As used in the turbidity level of receiving waters this paragraph, a disturbed area is into which discharges from land stabilized when it is brought to a disturbing activities occur. condition of continuous compliance with 5. The LIA may set more stringent buffer the requirements of O.C.G.A. 12-7-1 et. requirements than stated in C.15,16 and seq.; 17, in light of O.C.G.A. § 12-7-6 (c). 10. Adequate provisions must be provided to minimize damage from surface water

7 Revised June 2016

to the cut face of excavations or the is not a source of water; and for which sloping of fills; runoff from precipitation is the primary 11. Cuts and fills may not endanger source of water flow, Unless exempted adjoining property; as along an ephemeral stream, the 12. Fills may not encroach upon natural buffers of at least 25 feet established watercourses or constructed channels in pursuant to part 6 of Article 5, Chapter 5 a manner so as to adversely affect other of Title 12, the "Georgia Water Quality property owners; Control Act", shall remain in force unless 13. Grading equipment must cross flowing a variance is granted by the Director as streams by means of bridges or culverts provided in this paragraph. The except when such methods are not following requirements shall apply to feasible, provided, in any case, that any such buffer: such crossings are kept to a minimum; a. No land-disturbing activities shall be 14. Land-disturbing activity plans for conducted within a buffer and a erosion, sedimentation and pollution buffer shall remain in its natural, control shall include provisions for undisturbed state of vegetation until treatment or control of any source of all land-disturbing activities on the sediments and adequate sedimentation construction site are completed. control facilities to retain sediments on- Once the final stabilization of the site or preclude sedimentation of site is achieved, a buffer may be adjacent waters beyond the levels thinned or trimmed of vegetation as specified in Section IV B. 2. of this long as a protective vegetative ordinance; cover remains to protect water 15. Except as provided in paragraph (16) quality and aquatic habitat and a and (17) of this subsection, there is natural canopy is left in sufficient established a 25 foot buffer along the quantity to keep shade on the banks of all state waters, as measured stream bed; provided, however, that horizontally from the point where any person constructing a single- vegetation has been wrested by normal family residence, when such stream flow or wave action, except residence is constructed by or where the Director determines to allow a under contract with the owner for variance that is at least as protective of his or her own occupancy, may thin natural resources and the environment, or trim vegetation in a buffer at any where otherwise allowed by the Director time as long as protective pursuant to O.C.G.A. 12-2-8, where a vegetative cover remains to protect drainage structure or a roadway water quality and aquatic habitat drainage structure must be constructed, and a natural canopy is left in provided that adequate erosion control sufficient quantity to keep shade on measures are incorporated in the project the stream bed; and plans and specifications, and are b. The buffer shall not apply to the implemented; or where bulkheads and following land-disturbing activities, sea walls are installed to prevent provided that they occur at an shoreline erosion on Lake Oconee and angle, as measured from the point Lake Sinclair; or along any ephemeral of crossing, within 25 degrees of stream. As used in this provision, the perpendicular to the stream; cause term 'ephemeral stream' means a a width of disturbance of not more stream: that under normal than 50 feet within the buffer; and circumstances has water flowing only adequate erosion control measures during and for a short duration after are incorporated into the project precipitation events; that has the plans and specifications and are channel located above the ground-water implemented: (i) Stream crossings table year round; for which ground water

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for water lines; or (ii) Stream family residence, when such crossings for sewer lines; and residence is constructed by or 16. There is established a 50 foot buffer under contract with the owner for as measured horizontally from the his or her own occupancy, may thin point where vegetation has been or trim vegetation in a buffer at any wrested by normal stream flow or time as long as protective wave action, along the banks of any vegetative cover remains to protect state waters classified as "trout water quality and aquatic habitat streams" pursuant to Article 2 of and a natural canopy is left in Chapter 5 of Title 12, the “Georgia sufficient quantity to keep shade on Water Quality Control Act", except the stream bed; and where a roadway drainage structure b. The buffer shall not apply to the must be constructed ; provided, following land-disturbing activities, however, that small springs and provided that they occur at an streams classified as trout streams angle, as measured from the point which discharge an average annual of crossing, within 25 degrees of flow of 25 gallons per minute or less perpendicular to the stream; cause shall have a 25 foot buffer or they a width of disturbance of not more may be piped, at the discretion of than 50 feet within the buffer; and the landowner, pursuant to the adequate erosion control measures terms of a rule providing for a are incorporated into the project general variance promulgated by plans and specifications and are the Board, so long as any such pipe implemented: (i) Stream crossings stops short of the downstream for water lines; or (ii) Stream landowner’s property and the crossings for sewer lines; and landowner complies with the buffer 17. There is established a 25 foot buffer requirement for any adjacent trout along coastal marshlands, as streams. The Director may grant a measured horizontally from the variance from such buffer to allow coastal marshland-upland interface, land-disturbing activity, provided as determined in accordance with that adequate erosion control Chapter 5 of Title 12 of this title, the measures are incorporated in the “Coastal Marshlands Protection Act project plans and specifications and of 1970.” And the rules and are implemented. The following regulations promulgated requirements shall apply to such thereunder, except where the buffer: director determines to allow a a. No land-disturbing activities shall be variance that is at least as conducted within a buffer and a protective of natural resources and buffer shall remain in its natural, the environment, where otherwise undisturbed, state of vegetation allowed by the director pursuant to until all land-disturbing activities on Code Section 12-2-8, where an the construction site are completed. alteration within the buffer area has Once the final stabilization of the been authorized pursuant to Code site is achieved, a buffer may be Section 12-5-286, for maintenance thinned or trimmed of vegetation as of any currently serviceable long as a protective vegetative structure, landscaping, or cover remains to protect water hardscaping, including bridges, quality and aquatic habitat and a roads, parking lots, golf courses, natural canopy is left in sufficient golf cart paths, retaining walls, quantity to keep shade on the bulkheads, and patios; provided, stream bed: provided, however, that however, that if such maintenance any person constructing a single– requires any land-disturbing activity,

9 Revised June 2016

adequate erosion control measures a. No land-disturbing activities shall be are incorporated into the project conducted within a buffer and a plans and specifications and such buffer shall remain in its natural, measures are fully implemented, undisturbed, state of vegetation where a drainage structure or until all land-disturbing activities on roadway drainage structure is the construction site are completed. constructed or maintained; Once the final stabilization of the provided, however, that if such site is achieved, a buffer may be maintenance requires any land- thinned or trimmed of vegetation as disturbing activity, adequate erosion long as a protective vegetative control measures are incorporated cover remains to protect water into the project plans and quality and aquatic habitat; specifications and such measures provided, however, that any person are fully implemented, on the constructing a single–family landward side of any currently residence, when such residence is serviceable shoreline stabilization constructed by or under contract structure, or for the maintenance of with the owner for his or her own any manmade storm-water occupancy, may thin or trim detention basin, golf course pond, vegetation in a buffer at any time as or impoundment that is located long as protective vegetative cover entirely within the property of a remains to protect water quality and single individual, partnership, or aquatic habitat; and corporation; provided, however, b. The buffer shall not apply to that adequate erosion control crossings for utility lines that cause measures are incorporated into the a width of disturbance of not more project plans and specifications and than 50 feet within the buffer, such measures are fully provided, however, that adequate implemented. For the purposes of erosion control measures are this paragraph maintenance shall incorporated into the project plans be defined as actions necessary or and specifications and such appropriate for retaining or restoring measures are fully implemented. a currently serviceable c. The buffer shall not apply to any improvement to the specified land-disturbing activity conducted operable condition to achieve its pursuant to and in compliance with maximum useful life. Maintenance a valid and effective land-disturbing includes emergency reconstruction permit issued subsequent to April of recently damaged parts of a 22, 2014, and prior to December currently serviceable structure so 31, 2015; provided, however, that long as it occurs within a adequate erosion control measures reasonable period of time after are incorporated into the project damage occurs. Maintenance does plans and specifications and such not include any modification that measures are fully implemented or changes the character, scope or any lot for which the preliminary plat size of the original design and has been approved prior to serviceable shall be defined as December 31, 2015 if roadways, usable in its current state or with bridges, or water and sewer lines minor maintenance but not so have been extended to such lot degraded as to essentially require prior to the effective date of this Act reconstruction. and if the requirement to maintain a 25 foot buffer would consume at least 18 percent of the high ground of the platted lot otherwise available

10 Revised June 2016

for development; provided, owner and/or operator are the only parties however, that adequate erosion who may obtain a permit. control measures are incorporated into the project plans and B. APPLICATION REQUIREMENTS specifications and such measures 1. No person shall conduct any land- are fully implemented. disturbing activity within the jurisdictional d. Activities where the area within the boundaries of _____ without first buffer is not more than 500 square feet or obtaining a permit from the that have a “Minor Buffer Impact” as defined to perform such activity in 391-3-7-.01(r), provided that the total and providing a copy of Notice of Intent area of buffer impacts is less than 5,000 submitted to EPD if applicable. square feet are deemed to have an 2. The application for a permit shall be approved buffer variance by rule. Bank submitted to the and must stabilization structures are not eligible for include the applicant’s erosion, coverage under the variance by rule and sedimentation and pollution control plan notification shall be made to the Division at with supporting data, as necessary. least 14 days prior to the commencement of Said plans shall include, as a minimum, land disturbing activities. the data specified in Section V C. of this D. Nothing contained in O.C.G.A. 12-7-1 et. ordinance. Erosion, sedimentation and seq. shall prevent any Local Issuing pollution control plans, together with Authority from adopting rules and supporting data, must demonstrate regulations, ordinances, or resolutions affirmatively that the land disturbing which contain stream buffer requirements activity proposed will be carried out in that exceed the minimum requirements in such a manner that the provisions of Section IV B. & C. of this ordinance. Section IV B. & C. of this ordinance will E. The fact that land-disturbing activity for be met. Applications for a permit will not which a permit has been issued results in be accepted unless accompanied by injury to the property of another shall neither copies of the applicant’s constitute proof of nor create a presumption erosion, sedimentation and pollution of a violation of the standards provided for control plans. All applications shall in this ordinance or the terms of the permit. contain a certification stating that the plan preparer or the designee thereof SECTION V visited the site prior to creation of the APPLICATION/PERMIT plan in accordance with EPD Rule 391- PROCESS 3-7-.10. 3. In addition to the local permitting fees, A. GENERAL fees will also be assessed pursuant to The property owner, developer and paragraph (5) subsection (a) of designated planners and engineers shall O.C.G.A. 12-5-23, provided that such design and review before submittal the fees shall not exceed $80.00 per acre of general development plans. The Local land-disturbing activity, and these fees Issuing Authority shall review the tract to shall be calculated and paid by the be developed and the area surrounding it. primary permittee as defined in the state They shall consult the zoning ordinance, general permit for each acre of land- storm water management ordinance, disturbing activity included in the subdivision ordinance, flood damage planned development or each phase of prevention ordinance, this ordinance, and development. All applicable fees shall any other ordinances, rules, regulations or be paid prior to issuance of the land permits, which regulate the development of disturbance permit. In a jurisdiction that land within the jurisdictional boundaries of is certified pursuant to subsection (a) of the Local Issuing Authority. However, the O.C.G.A. 12-7-8 half of such fees levied shall be submitted to the Division;

11 Revised June 2016

except that any and all fees due from an the form of government security, cash, entity which is required to give notice irrevocable letter of credit, or any pursuant to paragraph (9) or (10) of combination thereof up to, but not O.C.G.A. 12-7-17 shall be submitted in exceeding, $3,000.00 per acre or full to the Division, regardless of the fraction thereof of the proposed land- existence of a Local Issuing Authority in disturbing activity, prior to issuing the the jurisdiction. permit. If the applicant does not comply 4. Immediately upon receipt of an with this section or with the conditions of application and plan for a permit, the the permit after issuance, the Local Local Issuing Authority shall refer the Issuing Authority may call the bond or application and plan to the District for its any part thereof to be forfeited and may review and approval or disapproval use the proceeds to hire a contractor to concerning the adequacy of the erosion, stabilize the site of the land-disturbing sedimentation and pollution control plan. activity and bring it into compliance. The District shall approve or disapprove These provisions shall not apply unless a plan within 35 days of receipt. Failure there is in effect an ordinance or statute of the District to act within 35 days shall specifically providing for hearing and be considered an approval of the judicial review of any determination or pending plan. The results of the District order of the Local Issuing Authority with review shall be forwarded to the Local respect to alleged permit violations. Issuing Authority. No permit will be issued unless the plan has been C. PLAN REQUIREMENTS approved by the District, and any 1. Plans must be prepared to meet the variances required by Section IV C. 15, minimum requirements as contained in 16 and 17 have been obtained, all fees Section IV B. & C. of this ordinance, or have been paid, and bonding, if required through the use of more stringent, as per Section V B.6., have been alternate design criteria which conform obtained. Such review will not be to sound conservation and engineering required if the Local Issuing Authority practices. The Manual for Erosion and and the District have entered into an Sediment Control in Georgia is hereby agreement which allows the Local incorporated by reference into this Issuing Authority to conduct such review ordinance. The plan for the land- and approval of the plan without disturbing activity shall consider the referring the application and plan to the interrelationship of the soil types, District. The Local Issuing Authority geological and hydrological with plan review authority shall approve characteristics, topography, watershed, or disapprove a revised Plan submittal vegetation, proposed permanent within 35 days of receipt. Failure of the structures including roadways, Local Issuing Authority with plan review constructed waterways, sediment authority to act within 35 days shall be control and storm water management considered an approval of the revised facilities, local ordinances and State Plan submittal. laws. Maps, drawings and supportive 5. If a permit applicant has had two or computations shall bear the signature more violations of previous permits, this and seal of the certified design ordinance section, or the Erosion and professional. Persons involved in land Sedimentation Act, as amended, within development design, review, permitting, three years prior to the date of filing the construction, monitoring, or inspections application under consideration, the or any land disturbing activity shall meet Local Issuing Authority may deny the the education and training certification permit application. requirements, dependent on his or her 6. The Local Issuing Authority may require level of involvement with the process, as the permit applicant to post a bond in developed by the Commission and in

12 Revised June 2016

consultation with the Division and the Authority, as to all or any portion of the Stakeholder Advisory Board created land affected by the plan, upon finding pursuant to O.C.G.A. 12-7-20. that the holder or his successor in the 2. Data Required for Site Plan shall include title is not in compliance with the all the information required from the approved erosion and sedimentation appropriate Erosion, Sedimentation and control plan or that the holder or his Pollution Control Plan Review Checklist successor in title is in violation of this established by the Commission as of ordinance. A holder of a permit shall January 1 of the year in which the land- notify any successor in title to him as to disturbing activity was permitted. all or any portion of the land affected by D. PERMITS the approved plan of the conditions 1. Permits shall be issued or denied as contained in the permit. soon as practicable but in any event not 6. The LIA may reject a permit application later than forty-five (45) days after if the applicant has had two or more receipt by the Local Issuing Authority of violations of previous permits or the a completed application, providing Erosion and Sedimentation Act permit variances and bonding are obtained, requirements within three years prior to where necessary and all applicable fees the date of the application, in light of have been paid prior to permit issuance. O.C.G.A. 12-7-7 (f) (1). The permit shall include conditions under which the activity may be undertaken. 2. No permit shall be issued by the Local Issuing Authority unless the erosion, sedimentation and pollution control plan SECTION VI has been approved by the District and INSPECTION AND ENFORCEMENT the Local Issuing Authority has

affirmatively determined that the plan is A. The will periodically inspect the in compliance with this ordinance, any sites of land-disturbing activities for which variances required by Section IV C. 15, permits have been issued to determine if 16 and 17 are obtained, bonding the activities are being conducted in requirements, if necessary, as per accordance with the plan and if the Section V B. 6. are met and all measures required in the plan are effective ordinances and rules and regulations in in controlling erosion and sedimentation. effect within the jurisdictional boundaries Also, the Local Issuing Authority shall of the Local Issuing Authority are met. If regulate primary, secondary and tertiary the permit is denied, the reason for permittees as such terms are defined in the denial shall be furnished to the state general permit. Primary permittees applicant. shall be responsible for installation and 3. Any land-disturbing activities by a local maintenance of best management practices issuing authority shall be subject to the where the primary permittee is conducting same requirements of this ordinance, land-disturbing activities. Secondary and any other ordinances relating to permittees shall be responsible for land development, as are applied to installation and maintenance of best private persons and the division shall management practices where the enforce such requirements upon the secondary permittee is conducting land- local issuing authority. disturbing activities. Tertiary permittees 4. If the tract is to be developed in phases, shall be responsible for installation and then a separate permit shall be required maintenance where the tertiary permittee is for each phase. conducting land-disturbing activities. If, 5. The permit may be suspended, revoked, through inspection, it is deemed that a or modified by the Local Issuing person engaged in land-disturbing activities 13 Revised June 2016

as defined herein has failed to comply with (a). Such review may include, but shall not the approved plan, with permit conditions, or be limited to, review of the administration with the provisions of this ordinance, a and enforcement of a governing authority’s written notice to comply shall be served ordinance and review of conformance with upon that person. The notice shall set forth an agreement, if any, between the district the measures necessary to achieve and the governing authority. If such review compliance and shall state the time within indicates that the governing authority of any which such measures must be completed. county or municipality certified pursuant to If the person engaged in the land-disturbing O.C.G.A. 12-7-8 (a) has not administered or activity fails to comply within the time enforced its ordinances or has not specified, he shall be deemed in violation of conducted the program in accordance with this ordinance. any agreement entered into pursuant to B. The Local Issuing Authority must amend its O.C.G.A. 12-7-7 (e), the Division shall notify ordinances to the extent appropriate within the governing authority of the county or twelve (12) months of any amendments to municipality in writing. The governing the Erosion and Sedimentation Act of 1975. authority of any county or municipality so C. The shall have the power to notified shall have 90 days within which to conduct such investigations as it may take the necessary corrective action to reasonably deem necessary to carry out retain certification as a Local Issuing duties as prescribed in this ordinance, and Authority. If the county or municipality does for this purpose to enter at reasonable times not take necessary corrective action within upon any property, public or private, for the 90 days after notification by the division, the purpose of investigation and inspecting the division shall revoke the certification of the sites of land-disturbing activities. county or municipality as a Local Issuing D. No person shall refuse entry or access to Authority. any authorized representative or agent of the Local Issuing Authority, the SECTION VII Commission, the District, or Division who PENALTIES AND INCENTIVES requests entry for the purposes of inspection, and who presents appropriate A. FAILURE TO OBTAIN A PERMIT FOR credentials, nor shall any person obstruct, LAND-DISTURBING ACTIVITY hamper or interfere with any such If any person commences any land- representative while in the process of disturbing activity requiring a land-disturbing carrying out his official duties. permit as prescribed in this ordinance E. The District or the Commission or both shall without first obtaining said permit, the semi-annually review the actions of counties person shall be subject to revocation of his and municipalities which have been certified business license, work permit or other as Local Issuing Authorities pursuant to authorization for the conduct of a business O.C.G.A. 12-7-8 (a). The District or the and associated work activities within the Commission or both may provide technical jurisdictional boundaries of the Local Issuing assistance to any county or municipality for Authority. the purpose of improving the effectiveness B. STOP-WORK ORDERS of the county’s or municipality’s erosion, 1. For the first and second violations of the sedimentation and pollution control provisions of this ordinance, the Director program. The District or the Commission or the Local Issuing Authority shall issue shall notify the Division and request a written warning to the violator. The investigation by the Division if any deficient violator shall have five days to correct or ineffective local program is found. the violation. If the violation is not F. The Division may periodically review the corrected within five days, the Director actions of counties and municipalities which or the Local Issuing Authority shall issue have been certified as Local Issuing a stop-work order requiring that land- Authorities pursuant to Code Section 12-7-8 disturbing activities be stopped until 14 Revised June 2016

necessary corrective action or mitigation fails to comply within the time specified, has occurred; provided, however, that, if he shall be deemed in violation of this the violation presents an imminent ordinance and, in addition to other threat to public health or waters of the penalties, shall be deemed to have state or if the land-disturbing activities forfeited his performance bond, if are conducted without obtaining the required to post one under the necessary permit, the Director or the provisions of Section V B. 6. The Local Local Issuing Authority shall issue an Issuing Authority may call the bond or immediate stop-work order in lieu of a any part thereof to be forfeited and may warning; use the proceeds to hire a contractor to 2. For a third and each subsequent stabilize the site of the land-disturbing violation, the Director or the Local activity and bring it into compliance. Issuing Authority shall issue an D. MONETARY PENALTIES immediate stop-work order; and; 1. Any person who violates any provisions 3. All stop-work orders shall be effective of this ordinance, or any permit immediately upon issuance and shall be condition or limitation established in effect until the necessary corrective pursuant to this ordinance, or who action or mitigation has occurred. negligently or intentionally fails or 4. When a violation in the form of taking refuses to comply with any final or action without a permit, failure to emergency order of the Director issued maintain a stream buffer, or significant as provided in this ordinance shall be amounts of sediment, as determined by liable for a civil penalty not to exceed the Local Issuing Authority or by the $2,500.00 per day. For the purpose of Director or his or her Designee, have enforcing the provisions of this been or are being discharged into state ordinance, notwithstanding any waters and where best management provisions in any City charter to the practices have not been properly contrary, municipal courts shall be designed, installed, and maintained, a authorized to impose penalty not to stop work order shall be issued by the exceed $2,500.00 for each violation. Local Issuing Authority or by the Notwithstanding any limitation of law as Director or his or her Designee. All such to penalties which can be assessed for stop work orders shall be effective violations of county ordinances, any immediately upon issuance and shall be magistrate court or any other court of in effect until the necessary corrective competent jurisdiction trying cases action or mitigation has occurred. Such brought as violations of this ordinance stop work orders shall apply to all land- under county ordinances approved disturbing activity on the site with the under this ordinance shall be authorized exception of the installation and to impose penalties for such violations maintenance of temporary or permanent not to exceed $2,500.00 for each erosion and sediment controls. violation. Each day during which C. BOND FORFEITURE violation or failure or refusal to comply If, through inspection, it is determined continues shall be a separate violation. that a person engaged in land-disturbing activities has failed to comply with the SECTION VIII approved plan, a written notice to EDUCATION AND comply shall be served upon that CERTIFICATION person. The notice shall set forth the measures necessary to achieve A. Persons involved in land development compliance with the plan and shall state design, review, permitting, construction, the time within which such measures monitoring, or inspection or any land- must be completed. If the person disturbing activity shall meet the education engaged in the land-disturbing activity and training certification requirements, 15 Revised June 2016

dependent on their level of involvement with of permit conditions; or that the holder is in the process, as developed by the violation of any ordinance; shall entitle the commission in consultation with the division person submitting the plan or holding the and the stakeholder advisory board created permit to a hearing before the pursuant to O.C.G.A. 12-7-20. within B. For each site on which land-disturbing days after receipt by the activity occurs, each entity or person acting Local Issuing Authority of written notice of as either a primary, secondary, or tertiary appeal. permittee, as defined in the state general B. JUDICIAL REVIEW permit, shall have as a minimum one person Any person, aggrieved by a decision or who is in responsible charge of erosion and order of the Local Issuing Authority, after sedimentation control activities on behalf of exhausting his administrative remedies, said entity or person and meets the shall have the right to appeal denovo to the applicable education or training certification Superior Court of 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 SECTION X a larger common plan of development or EFFECTIVITY, VALIDITY sale permitted by an owner or operator for AND LIABILITY compliance with the state general permit. C. Persons or entities involved in projects not requiring a state general permit but A. EFFECTIVITY otherwise requiring certified personnel on This ordinance shall become effective on site may contract with certified persons to the meet the requirements of this ordinance. day of , 20__. D. If a state general permittee who has B. VALIDITY operational control of land-disturbing If any section, paragraph, clause, phrase, or activities for a site has met the certification provision of this ordinance shall be requirements of paragraph (1) of subsection adjudged invalid or held unconstitutional, (b) of O.C.G.A. 12-7-19, then any person or such decisions shall not affect the remaining entity involved in land-disturbing activity at portions of this ordinance. that site and operating in a subcontractor C. LIABILITY capacity for such permittee shall meet those 1. Neither the approval of a plan under the educational requirements specified in provisions of this ordinance, nor the paragraph (4) of subsection (b) of O.C.G.A compliance with provisions of this 12-7-19 and shall not be required to meet ordinance shall relieve any person from any educational requirements that exceed the responsibility for damage to any those specified in said paragraph. person or property otherwise imposed by law nor impose any liability upon the SECTION IX Local Issuing Authority or District for ADMINISTRATIVE APPEAL damage to any person or property. JUDICIAL REVIEW 2. The fact that a land-disturbing activity for which a permit has been issued results in injury to the property of A. ADMINISTRATIVE REMEDIES another shall neither constitute proof of The suspension, revocation, modification or nor create a presumption of a violation grant with condition of a permit by the Local of the standards provided for in this Issuing Authority upon finding that the ordinance or the terms of the permit. holder is not in compliance with the 3. No provision of this ordinance shall approved erosion, sediment and pollution permit any persons to violate the control plan; or that the holder is in violation Georgia Erosion and Sedimentation Act 16 Revised June 2016

of 1975, the Georgia Water Quality Control Act or the rules and regulations promulgated and approved thereunder or pollute any Waters of the State as defined thereby.

ATTEST:

Signature

Signature

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