Cherokee County, GA Environmental Rules: Erosion Control (2026)
Key Facts
- State-water buffer
- 25 feet, undisturbed vegetation
- BMP standard
- GA Manual for Erosion & Sediment Control
- Adopting ordinance
- Ord. No. 2017-O-005, 6-6-17
- Governing statute
- O.C.G.A. § 12-7-1 et seq.
Summary
Land-disturbing activity in unincorporated Cherokee County must use best management practices under the county's Soil Erosion, Sedimentation and Pollution Control Ordinance, including a mandatory 25-foot undisturbed buffer along the banks of state waters.
Except as provided in paragraph (16) of this subsection, there is established a 25 foot buffer along the banks of all state waters, as measured horizontally from the point where vegetation has been wrested by normal stream flow or wave action, except where the director determines to allow a variance that is at least as protective of natural resources and the environment...
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 39 | Zoning: Supplement 35).
Full Breakdown
Sec. 26-69 of the Cherokee County Soil Erosion, Sedimentation and Pollution Control Ordinance requires that plans for land-disturbing activities not exempted by the ordinance contain provisions applying soil erosion, sedimentation and pollution control measures, conforming to the minimum requirements of subsections (b) and (c), and covering all site features including street and utility installations and drainage facilities. § 12-5-30 stormwater permits. Subsection (c)(15) establishes a 25-foot buffer along the banks of all state waters, measured horizontally from the point where vegetation has been wrested by normal stream flow or wave action, which must remain in its natural, undisturbed vegetative state until land-disturbing activities on the site are complete, except where the director of the environmental protection division grants a variance or a drainage structure must be built with adequate erosion controls. § 12-7-6(c). The ordinance derives from Ord. No. 2017-O-005, adopted June 6, 2017, which replaced the prior Article III chapter.
Violations & Fines
The ordinance is administered under the Georgia Erosion and Sedimentation Act of 1975 (O.C.G.A. § 12-7-1 et seq.) and the Georgia Water Quality Control Act. Land-disturbing activity that violates the BMP or buffer requirements exposes the responsible party to enforcement by the environmental protection division director and can defeat the 'proper design' compliance defense in subsection (b)(1), opening the operator to state and county enforcement action.
Frequently Asked Questions
How wide is the stream buffer required for construction sites in Cherokee County?
What erosion control standard applies to a Cherokee County building site?
Can Cherokee County require a wider buffer than the state minimum?
Sources & Official References
Other rules in Cherokee County
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