Barrow County, GA Environmental Rules: Stormwater Management (2026)
Key Facts
- Who must comply
- Owners/developers of developed commercial land
- Standard
- Collect, convey, detain, discharge runoff safely
- Governing section
- Barrow County Code § 90-504
- Remedy for noncompliance
- Nuisance abatement action plus property lien
- Related penalty (illicit discharge)
- Up to $1,000/day, Sec. 90-159
Summary
Every owner and developer of developed commercial land in unincorporated Barrow County's stormwater service area must build and maintain an on-site stormwater system able to collect, convey, detain and discharge runoff safely. Barrow County Code § 90-504 makes a failure to do so a nuisance the county can abate in court, with costs and a lien assessed against the property.
All owners and developers of developed commercial land within the stormwater service area shall provide, manage, maintain, and operate on-site stormwater management systems sufficient to collect, convey, detain, and discharge stormwater in a safe manner consistent with all federal, state, and county regulations. Any failure to meet this obligation shall constitute a nuisance and be subject to an abatement action filed by the county in any court of competent jurisdiction.
Full Breakdown
Section 90-504 sits within Article VI, Stormwater Utilities, the article that also created the Barrow County Stormwater Utility and its dedicated Stormwater Enterprise Fund under Sec. 90-501 through 90-502 to fund compliance with the county's NPDES Phase II municipal separate storm sewer system permit. The commercial on-site system requirement applies to developed commercial land, and it requires the system to be sufficient to collect, convey, detain and discharge stormwater consistent with federal, state and county regulations, not merely to exist. If an owner fails to meet that standard, Sec.
90-504 treats the failure as a nuisance, letting the county file an abatement action in any court of competent jurisdiction; if the court finds a nuisance the owner does not fix within the time the court allows, the county can enter the property, perform the remedial work itself, and assess the actual cost against the owner. That cost becomes a lien the county perfects by filing notice on the general execution docket of the Superior Court of Barrow County. Section 90-504 also gives designated county officers and employees the right to enter private property on reasonable notice to inspect it and run surveys or engineering tests to confirm compliance.
A separate but related article of the code, covering illicit discharges into the county's municipal separate storm sewer system, requires responsible parties to use best management practices, report any accidental discharge or spill within 24 hours, and allow county inspection access, with violations there enforced under Sec. 00 per day or a criminal citation to Magistrate Court.
Violations & Fines
Failing to build or maintain the required on-site commercial stormwater system is treated as a nuisance under Barrow County Code § 90-504, letting the county sue for abatement, perform the corrective work itself and place a lien on the property for the cost. Barrow County's stormwater department also enforces the county's separate illicit-discharge rules under Sec. 90-159 with civil penalties of up to $1,000.00 per day or a Magistrate Court citation punishable by up to 60 days imprisonment.
Frequently Asked Questions
Does Barrow County require commercial developments to manage their own stormwater?
What happens if a commercial property's stormwater system fails to meet that standard?
Can county inspectors come onto private property to check stormwater compliance?
Sources & Official References
Other rules in Barrow County
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