Barrow County, GA Environmental Rules: Erosion Control (2026)
Key Facts
- Permit required from
- Planning and Community Development Department
- Governing ordinance
- §§ 89-1254 to 89-1257.7
- State plan review window
- 35 days, Oconee Soil and Water Conservation District
- Permit fee cap
- $80.00 per disturbed acre
- Bond cap
- $3,000.00 per acre
- Max civil penalty
- $2,500.00 per day
Summary
Before breaking ground on any land-disturbing activity in unincorporated Barrow County, from grading a subdivision to clearing a commercial pad, the operator must get a land-disturbance permit from the planning and community development department under the county's Soil Erosion, Sedimentation and Pollution Control Ordinance. The permit application needs an approved erosion, sedimentation and pollution control plan, and fees run up to $80.00 per disturbed acre.
No person shall conduct any land-disturbing activity within the jurisdictional boundaries of Barrow County without first obtaining a permit from the department of planning and development to perform such activity and providing a copy of notice of intent submitted to EPD if applicable. ... 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, provided that such fees shall not exceed $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.
Full Breakdown
Division 2 of Article XI, the Barrow County Soil Erosion, Sedimentation and Pollution Control Ordinance, requires a permit for essentially every land-disturbing activity in the unincorporated county. Section 89-1255(b)(1) bars any person from conducting land-disturbing activity within Barrow County's jurisdiction without first obtaining a permit from the planning and community development department, along with a copy of the notice of intent filed with the state Environmental Protection Division when the state general permit applies. Applications must include ten copies of an erosion, sedimentation and pollution control plan meeting the minimum best-management-practice standards of section 89-1254.7, and fees, capped at $80.00 per acre of disturbed land under section 89-1255(b)(3), are due before the permit issues. The Oconee Soil and Water Conservation District reviews each plan and has 35 days to approve or disapprove it; if the district misses that deadline the plan is deemed approved.
Section 89-1254.7(c) sets the substantive controls: a minimum 25-foot undisturbed vegetative buffer along the banks of state waters (50 feet along trout streams), stripping and regrading kept to the minimum needed, disturbed soil stabilized as quickly as practicable, and sediment traps or basins retained until the site reaches final stabilization. Applicants with two or more permit violations in the prior three years can be denied a new permit outright under section 89-1255(b)(5), and the county may require a bond of up to $3,000.00 per acre under section 89-1255(b)(6) to cover corrective work if the site falls out of compliance. Single-family homes disturbing less than one acre outside a larger development, and land-disturbance under one acre generally, are exempt from the permit unless the tract sits within 200 feet of state waters.
Violations & Fines
Starting land-disturbing work without a permit exposes the owner or contractor to revocation of any business license or work authorization in the county, and the planning and community development director can issue a stop-work order, immediate for a third violation. Discharges that raise stream turbidity by more than 25 nephelometric turbidity units, or any failure to properly install best management practices, is a separate violation for each day it continues, carrying a civil penalty of up to $2,500.00 per day under section 89-1257.
Frequently Asked Questions
Do I need a permit to clear land for a new home in unincorporated Barrow County?
How wide is the required stream buffer during construction?
What happens if I discharge sediment beyond my property during construction?
Sources & Official References
Other rules in Barrow County
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