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

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

Key Facts

Permit required for
Any land-disturbing activity, countywide
State fee cap
$80 per acre disturbed
Exempt
Single-family home disturbing under 1 acre
Trout stream buffer
At least 50 feet
Turbidity violation threshold
25 NTU (10 NTU trout waters)
Adopted
Ordinance No. 17-16, effective Dec. 5, 2017

Summary

No one may disturb land in unincorporated Henry County without first obtaining a land-disturbance permit and an approved erosion, sedimentation, and pollution control plan under § 3-5-555. Violators face escalating stop-work orders, and building without a permit can cost the offender their business license under § 3-5-557.

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

(1)No person shall conduct any land-disturbing activity within the jurisdictional boundaries of Henry County without first obtaining a permit from the local issuing authority to perform such activity and providing a copy of notice of intent submitted to EPD if applicable.(2)The application for a permit shall be submitted to Henry County and must include the applicant's erosion, sedimentation and pollution control plan with supporting data, as necessary. Applications for a permit will not be accepted unless accompanied by eight (8) copies of the applicant's erosion, sedimentation and pollution control plans.(3)In addition to the local permitting fees, fees will also be assessed pursuant to O.C.G.A. 12-5-23(a)(5), provided that such fees shall not exceed eighty dollars ($80.00) per acre of land-disturbing activity.

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 44).

Full Breakdown

Henry County's soil erosion, sedimentation and pollution control ordinance, adopted by Ordinance No. 17-16 effective December 5, 2017, requires a permit from the local issuing authority before any land-disturbing activity begins inside the county's jurisdictional boundaries, together with a copy of any notice of intent submitted to the state Environmental Protection Division where required. Section 3-5-555 requires the applicant to submit eight copies of an erosion, sedimentation and pollution control plan, along with a certification that the plan preparer visited the site before drafting it, and caps the state-mandated portion of the permit fee at $80 per acre of land disturbed.

Small, exempt activities include home gardens, individual landscaping, minor land-disturbing repairs and maintenance, fence installation, and single-family home construction that disturbs less than one acre and is not part of a larger development, though even exempt homes near trout streams must keep a buffer of at least 50 horizontal feet under § 3-5-553. Inspectors from the local issuing authority periodically check permitted sites under § 3-5-556 to confirm best management practices match the approved plan, and a discharge that raises turbidity in receiving waters by more than 25 nephelometric turbidity units (10 for trout waters) is a separate daily violation. Anyone aggrieved by a suspension, revocation, or permit condition can appeal to the Superior Court of Henry County within 30 days under § 3-5-559.

Violations & Fines

A first or second violation draws a written warning with five days to correct it; failing that, or on a third violation, the county issues an immediate stop-work order under § 3-5-557 that halts all land-disturbing activity except installing erosion controls. Starting work without a permit can also trigger revocation of the violator's business license, and a violator who fails to comply with an approved plan forfeits any performance bond posted with the permit.

Frequently Asked Questions

Do I need a permit to build a single-family home in Henry County?
Only if the construction disturbs one acre or more, or is part of a larger development planned to disturb an acre or more. Section 3-5-553 exempts smaller single-family construction from the permit requirement, but the home still must meet the state's minimum erosion-control standards under O.C.G.A. § 12-7-6 and any required trout-stream buffer.
What happens if I start grading without a permit?
The county can revoke your business license, work permit, or other authorization to operate under § 3-5-557, and an immediate stop-work order follows rather than the warning given for other first violations, because working without a permit is treated as an imminent-threat situation under the ordinance.
How many copies of the erosion control plan do I have to submit?
Section 3-5-555 requires eight copies of the erosion, sedimentation and pollution control plan along with the permit application, plus a certification that the person who prepared the plan actually visited the site beforehand, as required by state EPD Rule 391-3-7-.10.

Sources & Official References

Other rules in Henry County

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