DeKalb County, GA Environmental Rules: Erosion Control (2026)
Key Facts
- Permit issuer
- DeKalb County development director
- Maximum civil penalty
- $2,500.00 per day, each day separate
- Plan copies required
- Eight copies of the erosion control plan
- District plan review
- 35 days, silence counts as approval
- Permit decision deadline
- 45 days after a completed application
- Maximum bond
- $3,000.00 per acre or fraction of an acre
- Stream buffers
- 25 feet state waters, 50 feet trout streams
Summary
No one may disturb land in unincorporated DeKalb County without first getting a land-disturbance permit from the development director, plus a copy of any notice of intent filed with the state EPD. Section 14-38 enforces the Georgia Erosion and Sedimentation Act of 1975, and a violation carries a civil penalty of up to $2,500 per day, with every day counted as a separate violation.
[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. ... 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. ... Monetary penalties. Any person who violates any provisions of this section, or any permit condition or limitation established pursuant to this section, or who negligently or intentionally fails or refuses to comply with any final or emergency order of the development director issued as provided in 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.
Full Breakdown
Section 14-38 of the DeKalb County Code covers soil erosion and sedimentation control. Every permitted land-disturbing activity must follow the Georgia Erosion and Sedimentation Act of 1975, Chapter 14, and the conditions the development director writes into the permit. The county can adopt requirements stricter than the state minimum, and the Manual for Erosion and Sediment Control in Georgia is incorporated by reference into the chapter.
The permit rule has exemptions, and the code lists them. Surface mining, granite quarrying, home gardens and minor landscaping, agriculture, forestry, Natural Resources Conservation Service projects, state and county road work and certain utility work are outside the section. A single-family residence that disturbs less than one acre is exempt from the permit but still has to meet the minimum best management practices. A project under one acre loses its exemption if it sits inside a larger common plan of development or sale of one acre or more, or within 200 feet of the bank of any state waters.
An application goes to the development director with eight copies of the erosion, sedimentation and pollution control plan and a certification that the plan preparer visited the site first. The county charges a permitting fee for each acre or fraction of an acre, and the state fee under O.C.G.A. 12-5-23(a)(5) cannot exceed $80.00 per acre. The soil and water conservation district has 35 days to approve or disapprove the plan, and silence counts as approval. The director must grant or deny the permit within 45 days of a completed application. The county can require a bond of up to $3,000.00 per acre or fraction of an acre, and it can deny an applicant with two or more violations in the prior three years.
On the ground, the code requires a 25-foot undisturbed buffer along state waters and a 50-foot buffer along trout streams. A discharge that raises receiving-water turbidity by more than 25 nephelometric turbidity units, or more than 10 for trout waters, is a separate violation for each day. A site must also keep a certified person responsible for erosion control on site whenever land is being disturbed.
Violations & Fines
The civil penalty is up to $2,500.00 per day, or the maximum set by section 1-10 of the Code, and each day is a separate violation. A first or second violation brings a written notice and five days to correct before a stop work order issues. A third violation, work without a permit, or an imminent threat to state waters brings an immediate stop work order. Working without a permit can also cost the violator its business license in unincorporated DeKalb County.
Frequently Asked Questions
Do I need a permit to clear or grade land in unincorporated DeKalb County?
How long does DeKalb County take to review an erosion control plan?
What is the penalty for violating the erosion control section?
Can I appeal a suspended or revoked land-disturbance permit?
Sources & Official References
Other rules in DeKalb County
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