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Smyrna, GA Environmental Rules: Erosion Control (2026)

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

Key Facts

Permit office
Community Development Department (Sec. 46-34(b)(1))
Plan review by district
35 days
Permit decision deadline
45 days after completed application
Bond cap
$3,000.00 per acre or fraction thereof
Stream buffers
25 feet; 50 feet along trout streams
Penalty ceiling
$2,500.00 per day
Appeal hearing
Within 30 days of written notice (Sec. 46-38)

Summary

In the City of Smyrna, Georgia, no one can begin land-disturbing activity without first obtaining a permit from the Community Development Department, and the application must carry an erosion, sedimentation and pollution control plan. The city can require a bond of up to $3,000.00 per acre or fraction thereof, and civil penalties run up to $2,500.00 per day.

(b)Application requirements.(1)No person shall conduct any land-disturbing activity within the jurisdictional boundaries of the city without first obtaining a permit from the community development department to perform such activity and providing a copy of notice of intent submitted to EPD if applicable. ... (6)The local issuing authority may require the permit applicant to post a bond in the form of government security, cash, irrevocable letter of credit, or any combination thereof up to, but not exceeding, $3,000.00 per acre or fraction thereof of the proposed land-disturbing activity, prior to issuing the permit. If the applicant does not comply with this section or with the conditions of the permit after issuance, the local issuing authority may call the bond or any part thereof to be forfeited and may use the proceeds to hire a contractor to stabilize the site of the land-disturbing activity and bring it into compliance.

Full Breakdown

Article II of Chapter 46, titled the City of Smyrna Soil Erosion, Sedimentation and Pollution Control Ordinance, took effect on August 1, 2020 under Ord. No. 2020-07. Section 46-34(b)(1) bars any land-disturbing activity within the city until the person holds a permit from the Community Development Department and supplies a copy of the notice of intent submitted to EPD where one applies. The application goes to the city engineer with five copies of the erosion, sedimentation and pollution control plan, and the plan preparer must certify a site visit under EPD Rule 391-3-7-.10. Plans must meet the best management practices in the Manual for Erosion and Sediment Control in Georgia, and maps and drawings carry the signature and seal of the certified design professional. State fees under O.C.G.A. § 12-5-23(a)(5) are capped at $80.00 per acre and are paid before the permit issues.

The county soil and water conservation district has 35 days to approve or disapprove the plan, and the city must issue or deny the permit no later than 45 days after a completed application. A tract built in phases needs a separate permit for each phase. An applicant with two or more violations of previous permits within three years can be denied. Under Sec. 46-37, each site needs at least one person in responsible charge of erosion and sedimentation control, who meets the certification requirements of the commission, present whenever land-disturbing activity is conducted.

Section 46-32 exempts projects involving less than one acre of disturbed area, but not when the work belongs to a larger common plan of development or sale of one acre or more, or lies within 200 feet of the bank of any state waters. Section 46-33(c) sets a 25-foot buffer along the banks of state waters and a 50-foot buffer along trout streams, left undisturbed until all land-disturbing activity on the site is complete. A stormwater discharge that raises receiving-water turbidity by more than 25 nephelometric turbidity units for warm water fisheries, or more than ten for trout waters, is a separate violation for each day it occurs.

Violations & Fines

Starting work without a permit exposes the violator to revocation of a business license, work permit or other authorization to work in the city (Sec. 46-36(a)). A first or second violation draws a written warning and five days to correct; a third violation, work without a permit, or an imminent threat to state waters draws an immediate stop-work order. Civil penalties run up to $2,500.00 per day, and each day counts separately. Ignoring a notice to comply forfeits the performance bond.

Frequently Asked Questions

Do I need a permit to disturb less than one acre in Smyrna?
Section 46-32(8) exempts projects involving less than one acre of disturbed area. The exemption does not apply when the work is part of a larger common plan of development or sale with planned disturbance of one acre or more, or when it lies within 200 feet of the bank of any state waters. Near excluded channels, sediment still cannot move past the property boundary.
Can the city keep my performance bond?
Yes, when a notice to comply goes unanswered. Under Sec. 46-36(c) the notice states the measures needed and the time to finish them. If the work is not done in that time, the person is in violation and the city can call the bond, in whole or part, and use the proceeds to hire a contractor to stabilize the site.
How do I appeal a suspended permit?
Under Sec. 46-38, suspension, revocation, modification or conditional grant of a permit entitles the permit holder to a hearing before the city within 30 days after the local issuing authority receives written notice of appeal. After exhausting that step, an aggrieved person can appeal de novo to the county superior court.
Who has to be on site during grading?
Section 46-37(b) requires each primary, secondary or tertiary permittee to have at least one person in responsible charge of erosion and sedimentation control, meeting the certification requirements of the commission, present whenever land-disturbing activities are conducted. A project site includes multiple sites within a larger common plan of development or sale.

Sources & Official References

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