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

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

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

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...

View official code

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?
Sec. 26-69(c)(15) sets a 25-foot buffer along the banks of all state waters, measured from where vegetation was wrested by normal stream flow, which must stay undisturbed and vegetated during land-disturbing activity.
What erosion control standard applies to a Cherokee County building site?
Sec. 26-69(b)(1) requires best management practices designed to the hydraulic specifications in the state's Manual for Erosion and Sediment Control in Georgia for all land-disturbing activities not exempted by the ordinance.
Can Cherokee County require a wider buffer than the state minimum?
Yes. Sec. 26-69(c)(5) allows the local issuing authority to set buffer requirements more stringent than the standard in paragraphs (15) through (17), consistent with O.C.G.A. § 12-7-6(c).

Sources & Official References

Other rules in Cherokee County

All Cherokee County rules

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