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Fayette 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
Before any land disturbing activity
Stream buffer width
25 feet from wrested vegetation line
Plan review time
14 calendar days
State fee cap
$80.00 per disturbed acre
Performance bond cap
Up to $3,000.00 per acre
Maximum civil penalty
$2,500.00 per day per violation
Permit expiration
90 days to start, 24 months to finish

Summary

Land disturbance in unincorporated Fayette County requires a permit from the environmental management department under Code Sec. 104-305, and every project must follow the minimum best management practices in Sec. 104-283, including a 25-foot buffer along state waters and stabilization of disturbed soil as soon as practicable.

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

Rules, regulations, ordinances, and/or resolutions adopted pursuant to this article for the purpose of governing land disturbing activities shall require, as a minimum, protections at least as stringent as the state general permit; and BMPs, including sound conservation and engineering practices to prevent and minimize erosion and resultant sedimentation, consistent with and no less stringent than, those practices contained in the manual, as well as the following:(1)Stripping of vegetation, regrading and other development activities shall be conducted in a manner so as to minimize erosion;(2)Cut-fill operations must be kept to a minimum; ... (6)Disturbed soil shall be stabilized as quickly as practicable;(7)Temporary vegetation or mulching shall be employed to protect exposed critical areas during development; ... There is an established 25-foot buffer along the banks of any state waters, as measured horizontally from the point where vegetation has been wrested by normal stream flow or wave action

Full Breakdown

Fayette County regulates soil erosion, sedimentation and pollution control under Development Code Part II, Ch. 104, article VI, division 3. Sec. 104-281 requires every non-exempt land disturbing plan to build in erosion and sedimentation control measures meeting the article's minimum standards and the state NPDES general permit. Sec. 104-283(a) lists specific practices: stripping of vegetation and regrading must be conducted to minimize erosion, cut-fill operations kept to a minimum, disturbed soil stabilized as quickly as practicable, and temporary vegetation or mulching used to protect exposed critical areas during development.

The same section establishes a 25-foot buffer along the banks of any state waters, measured from the point where vegetation has been wrested by normal stream flow, with narrow exceptions for director-approved variances and necessary drainage or roadway crossings. Before any land disturbing activity begins, Sec. 104-305 requires a permit from the environmental management department; the application must include an erosion, sedimentation and pollution control plan, and the department reviews it within 14 calendar days. § 12-5-23(a)(5). 00 per acre before issuing the permit, and it may deny an application from an applicant with two or more prior violations within three years.

Under Sec. 104-307 the permit expires if work has not begun within 90 days or if the project is not completed within 24 months, and it must be posted at the site entrance where it can be seen.

Violations & Fines

A first or second violation draws a written warning with five days to correct it before a stop work order issues; an imminent health or safety threat, or work done without a permit, brings an immediate stop work order under Sec. 104-360. A third or later violation is met with an immediate stop work order with no warning. Sec. 104-362 sets a civil penalty of up to $2,500.00 per day per violation, or imprisonment of up to 60 days, or both, with each day of continued noncompliance a separate violation; the department may also forfeit the project's performance bond to fund corrective work.

Frequently Asked Questions

Do I need a permit for land-disturbing work in unincorporated Fayette County?
Yes. Sec. 104-305 requires a permit from the environmental management department before any land disturbing activity begins, unless the project falls under an exemption in Sec. 104-266, such as building a single-family home on under one acre outside a larger development.
How wide is the stream buffer during construction?
Sec. 104-283(a)(15) sets a 25-foot buffer along the banks of any state waters, measured horizontally from where vegetation has been wrested by stream flow, with limited exceptions for director-approved variances and necessary drainage crossings.
What happens if I disturb land without a permit or violate the erosion control rules?
The county issues a written warning for a first or second violation with five days to correct it, escalating to an immediate stop work order for a third violation or for work done without a permit. Civil penalties can reach $2,500.00 per day per violation under Sec. 104-362.

Sources & Official References

Other rules in Fayette County

All Fayette County rules

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