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

Significant Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified August 2026

Key Facts

Permit trigger
1+ acre of land disturbance
Applies to
Unincorporated DeKalb County only
Civil penalty
Up to $2,500 per day
Performance bond
Up to $3,000 per acre
State water buffer
25 ft (50 ft trout streams)
Permit decision window
45 days after complete application
Enforcing office
Development director / EPD

Summary

Any land-disturbing activity of one acre or more in unincorporated DeKalb County requires a land disturbance permit under Code § 14-38, along with an approved erosion, sedimentation and pollution control plan meeting state minimum standards. The development director can deny the permit, order a stop-work, and fine violators up to $2,500 per day.

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

(b)Standards.(1)[General requirements.] Any land-disturbing activity permitted under this chapter shall be carried out in accordance with the Georgia Erosion and Sedimentation Act of 1975, as amended; this chapter; and the permit conditions specified by the director...(5)b.1. No person shall conduct any land-disturbing activity within the jurisdictional boundaries of county without first obtaining a permit from the development director to perform such activity, and providing a copy of the notice of intent submitted to the EPD, if applicable...(7)d. Monetary penalties. Any person who violates any provisions of this section...shall be liable for a civil penalty not to exceed two thousand five hundred dollars ($2,500.00) per day, or the maximum amount authorized by section 1-10 of the Code of DeKalb County. Each day during which violation or failure or refusal to comply continues shall be a separate violation.

Source: Municode LibraryView official code

Full Breakdown

DeKalb County Code § 14-38 governs soil erosion and sedimentation control for unincorporated DeKalb only; Decatur, Dunwoody, Brookhaven, Tucker, Stonecrest, Chamblee, Doraville, Clarkston, Avondale Estates, Lithonia, Pine Lake, Stone Mountain and the Atlanta sliver run their own codes. 1). Exemptions cover home gardens, individual landscaping, agricultural operations, forestry management, and single-family construction disturbing under one acre that is not part of a larger common plan of development of one acre or more (§ 14-38(b)(3)). Applications need eight copies of the erosion, sedimentation and pollution control plan; the district must approve or disapprove within 35 days (silence counts as approval), and the director must issue or deny the permit within 45 days of a complete application (§ 14-38(b)(5)). 7). 15-16). 6).

Violations & Fines

Starting land-disturbing work without a permit exposes the responsible party to revocation of any business license or work permit tied to activity in unincorporated DeKalb County (§ 14-38(b)(7)a). First and second violations on a site draw a written notice with five days to correct before a stop-work order follows; a third violation triggers an immediate stop-work order (§ 14-38(b)(7)b). Civil penalties reach $2,500 per day per violation under section 1-10 of the Code, with each day of continued noncompliance counted as a separate offense, and an unremedied violation forfeits any posted performance bond (§ 14-38(b)(7)c-d).

Frequently Asked Questions

Does DeKalb's erosion ordinance cover Decatur or Dunwoody?
No. Section 14-38 applies only to unincorporated DeKalb County. Decatur, Dunwoody, Brookhaven, Tucker, Stonecrest and the county's other cities enforce their own erosion and sedimentation codes, and the small Atlanta sliver in the county falls under Atlanta's code instead.
Is my single-family home build exempt from the permit?
Only if it disturbs less than one acre and is not part of a larger common plan of development or sale totaling one acre or more. Exempt homes still must meet the minimum erosion control standards and any trout-stream buffer in section 14-38(b)(3)d.
What happens if I start grading without a permit?
The county can revoke your business license or work permit for activity in unincorporated DeKalb, and the development director can issue an immediate stop-work order rather than a warning notice when work proceeds without the required permit.
How big a bond or fee should I budget for a permit?
The county charges a per-acre local permitting fee, and state law adds up to $80 per acre of disturbance. The director can also require a performance bond of up to $3,000 per acre before releasing the land disturbance permit.
Can I build right up to a stream on my lot?
No. A 25-foot undisturbed buffer applies along state waters, widening to 50 feet along designated trout streams, measured from where normal stream flow has worn away vegetation. Only the EPD director can grant a variance to narrow it.

Sources & Official References

Other rules in DeKalb County

All DeKalb County rules

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