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

Significant Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified October 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.

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

[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.

Source: Municode LibraryView official code

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?
Yes, unless an exemption applies. Section 14-38 requires a permit from the development director for land-disturbing activity, and a project under one acre is exempt only if it is outside a larger common plan of development or sale of one acre or more and more than 200 feet from the bank of any state waters. A single-family residence under one acre is exempt from the permit but not from the minimum best management practices.
How long does DeKalb County take to review an erosion control plan?
The soil and water conservation district reviews the plan and has 35 days to approve or disapprove it. If the district does not act in 35 days, the plan is treated as approved. The development director must then issue or deny the permit within 45 days after receiving a completed application, once variances, bonding and all fees are in place. A denial must come with the reason furnished to the applicant.
What is the penalty for violating the erosion control section?
Anyone who violates the section, a permit condition, or a final or emergency order of the development director is liable for a civil penalty of up to $2,500.00 per day, or the maximum authorized by section 1-10 of the Code of DeKalb County. Each day the violation or refusal continues counts separately. A permit can also be suspended, revoked or modified, and the county can call the performance bond to pay for site stabilization.
Can I appeal a suspended or revoked land-disturbance permit?
Suspension, revocation, modification or conditional grant of a permit entitles the permit holder or plan submitter to an appeal before the zoning board of appeals, using the procedures in section 14-34(d). A person aggrieved by the board's decision can then appeal as state law provides. Neither plan approval nor compliance relieves anyone of responsibility for damage to other people or property.

Sources & Official References

Other rules in DeKalb County

All DeKalb County rules

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