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Clayton County, GA Environmental Rules: Stormwater Management (2026)

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

Key Facts

Governing section
Clayton County Code § 38-111.2
Trigger
5,000 sq ft impervious surface or 1 acre disturbed
Administrator
Clayton County Water Authority (CCWA)
Water quality standard
Retain first 1.0 inch of rainfall on-site
Flood control
Hold 25-year storm to pre-development rate
Design manual
Georgia Stormwater Management Manual (GSMM)

Summary

Clayton County regulates stormwater from new construction under County Code § 38-111.2: any new development adding 5,000 square feet or more of impervious surface, or disturbing one acre or more of land, must meet the county's post-development stormwater standards, administered by the Clayton County Water Authority under the Georgia Stormwater Management Manual.

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

(a)This article applies to the following activities:(1)New development that creates or adds 5,000 square feet or greater of impervious surface area or that involves land disturbing activity of one acre of land or greater;(2)Redevelopment (excluding routine maintenance and exterior remodeling) that creates, adds, or replaces 5,000 square feet or greater of impervious surface area or that involves land disturbing activity of one acre or more;(3)New development and redevelopment if:a.such new development or redevelopment is part of a subdivision or other common plan of development, andb.the sum of all associated impervious surface area or land disturbing activities that are being developed as part of such subdivision or other common plan of development meets or exceeds the threshold in (1) and (2) above;(4)Any commercial or industrial new development or redevelopment, regardless of size, that is a hotspot land use as defined in this article; and(5)Linear transportation projects that exceed the threshold in (1) or (2) above.

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 104).

Full Breakdown

Article V of Chapter 38, adopted by Ordinance No. 2020-235 on December 1, 2020, governs post-development stormwater management for new development and redevelopment across unincorporated Clayton County. Under § 38-111.3, the Clayton County Water Authority (CCWA), not the county planning office, serves as the administrator, and § 38-111.4 requires every project to follow the design standards, calculations and formulas in the Georgia Stormwater Management Manual (GSMM), Volume 2; if the county's MS4 stormwater discharge permit ever conflicts with this article, the MS4 permit controls.

The applicability threshold in § 38-111.2 is what determines whether a homeowner or builder is even covered: 5,000 square feet or more of new or added impervious surface, or one acre or more of land disturbance, triggers the article, and smaller lots inside a larger subdivision plan that collectively cross that threshold are covered too. Once covered, § 38-114.4 requires the project to retain the first 1.0 inch of rainfall on-site through runoff reduction, or, if that is proven infeasible, to remove at least 80 percent of the average annual total suspended solids load from a 1.2-inch storm. Section 38-114.5 separately requires 24-hour extended detention of the one-year, 24-hour storm to protect stream channels, § 38-114.6 requires the post-development peak discharge rate for the 25-year, 24-hour storm to be held to the pre-development rate, and § 38-114.7 requires the 100-year, 24-hour storm to be controlled so flooding is not made worse downstream.

Violations of an approved stormwater management plan, including a failure to submit as-built drawings or a final BMP landscaping plan, are enforced under § 38-117.1 as violations of the underlying land-disturbance permit (§ 46-53) or building permit (Chapter 18), giving the county the same stop-work and penalty powers it uses for those permits.

Violations & Fines

Building without meeting the § 38-111.2 impervious-surface or land-disturbance thresholds, or violating an approved stormwater management plan, missing as-built drawings, or skipping the final BMP landscaping plan is enforced under § 38-117.1 as a violation of the underlying land-disturbance permit (§ 46-53) or building permit (Chapter 18), carrying the same stop-work orders and penalties as those permits.

Frequently Asked Questions

Does every new deck or driveway in Clayton County need a stormwater permit?
Only if it adds up. Under § 38-111.2, the stormwater article applies once a project adds 5,000 square feet or more of impervious surface, or disturbs one acre or more of land; smaller additions that are part of a larger subdivision plan crossing that threshold are still covered.
Who reviews stormwater plans in Clayton County, the county or someone else?
The Clayton County Water Authority. Section 38-111.3 designates CCWA as the administrator of the post-development stormwater article, and § 38-111.4 requires it to apply the design standards in the Georgia Stormwater Management Manual to every covered project.
What water-quality standard does a covered project have to meet?
Under § 38-114.4, a project must retain the first 1.0 inch of rainfall on-site using runoff reduction methods; only if that is shown infeasible does the code fall back to removing 80 percent of the average annual total suspended solids load from a 1.2-inch storm.

Sources & Official References

Other rules in Clayton County

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