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Barrow County, GA Environmental Rules: Erosion Control (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 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.

These county ordinances apply to unincorporated areas of Barrow County. Incorporated cities within the county may have their own rules that take precedence over county-level regulations.

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?
Only if the disturbance reaches one acre, or the lot sits within a larger common plan of development or within 200 feet of state waters. A single-family home disturbing less than one acre on its own is exempt from the land-disturbance permit under section 89-1254.5(d), though the erosion buffer along any trout stream still applies.
How wide is the required stream buffer during construction?
Section 89-1254.7(c)(15) sets a 25-foot undisturbed vegetative buffer along the banks of state waters, measured from where normal stream flow has wrested away vegetation, and widens that to 50 feet along streams classified as trout streams under section 89-1254.7(c)(16).
What happens if I discharge sediment beyond my property during construction?
A discharge that raises receiving-water turbidity by more than 25 nephelometric turbidity units is a separate permit violation for each day it happens under section 89-1254.7(b)(2), and the county can issue an immediate stop-work order and a civil penalty of up to $2,500.00 per day under section 89-1257.

Sources & Official References

Other rules in Barrow County

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