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Brookhaven, GA Environmental Rules: Stormwater Management (2026)

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

Key Facts

Governing sections
Brookhaven Code §§ 14-81, 14-83 and 14-90
Main threshold
5,000 square feet of impervious surface or one acre disturbed
Rainfall retention
First 1.2-inch of rainfall on site
Peak discharge control
Pre-development rate for the 25-year, 24-hour storm
Water quality target
Remove at least 80 percent of total suspended solids
Pond fencing trigger
Storage depth greater than four feet

Summary

In the City of Brookhaven, Georgia, Article IV of Chapter 14 applies to development adding 5,000 square feet of impervious surface or disturbing one acre. Section 14-83 requires retaining the first 1.2-inch of rainfall, controlling the 25-year, 24-hour peak discharge, and a maintenance agreement, with violations enforced through the underlying permits.

(1)New development that creates or adds 5,000 square feet or greater of new impervious surface area or that involves land disturbing activity of one acre of land or greater. ... 1.Runoff reduction. ... The stormwater management system shall be designed to retain the first 1.2-inch of rainfall on the site using runoff reduction methods, to the maximum extent practicable. ... (6)Overbank flood protection. Downstream overbank flood and property protection shall be provided by controlling (attenuating) the post-development peak discharge rate to the pre-development rate for the 25-year, 24-hour return frequency storm event. ... To address a violation of this article, the City of Brookhaven shall have all the powers and remedies that are available to it for other violations of building and land disturbance permits, including without limitation the right to issue notices and orders to ensure compliance, stop work orders, and penalties as set forth in the applicable ordinances for such permits.

Full Breakdown

Article IV of Chapter 14 in the Code of the City of Brookhaven, Georgia covers post-construction stormwater management, and Section 14-79 requires compliance with the design standards of the Georgia Stormwater Management Manual (GSMM). Section 14-81 sets when the article applies: new development adding 5,000 square feet or greater of impervious surface or disturbing one acre or more; redevelopment creating, adding or replacing 5,000 square feet or more or disturbing one acre or more; any commercial or industrial hotspot land use regardless of size; any project that raises peak runoff by more than one cubic foot per second for a ten-year frequency storm; and single-family lot work creating, adding or replacing at least 3,000 square feet of impervious cover, which must provide storage and controlled release of the water quality volume or runoff reduction volume.

New development adding between 1,000 and 5,000 square feet needs only runoff reduction and water quality. Section 14-82 exempts emergency work by public agencies, utility trenches, ADA installations, and agricultural and silvicultural activities in zoned areas, among others. Section 14-83 sets the standards. The system must retain the first 1.2-inch of rainfall through runoff reduction to the maximum extent practicable, and where that is infeasible it must remove at least 80 percent of the average annual post-development total suspended solids load. Stream channel protection requires 24-hour extended detention of the one-year, 24-hour storm, and overbank flood protection holds the post-development peak discharge to the pre-development rate for the 25-year, 24-hour storm.

Live detention is sized on the 100-year rainfall. A downstream analysis runs to the point where the site is ten percent of the total drainage area. Facilities with a temporary water storage depth greater than four feet need permanent fencing at least four feet high with a maintenance gate, and detention facilities cannot sit in floodplains, wetlands, stream buffer zones, state buffer zones or transitional buffer zones. The city manager appoints the administrator under Section 14-80.

Violations & Fines

Section 14-90 treats any violation of the approved stormwater management plan during construction, failure to submit as-built drawings, failure to submit a final BMP landscaping plan, or failure of the final inspection as a violation of the underlying land disturbance permit under chapter 14 or building permit under chapter 7. The city can issue notices and orders, stop work orders, and penalties set in the ordinances for those permits.

Frequently Asked Questions

When do Brookhaven stormwater standards apply to my project?
Section 14-81 applies the standards to new development that adds 5,000 square feet or more of impervious surface or disturbs one acre or more, and to redevelopment at the same thresholds. Commercial and industrial hotspot uses are covered regardless of size, and a single-family lot project creating at least 3,000 square feet of impervious cover must provide water quality volume storage.
How much rainfall must a site retain?
Section 14-83(4) requires the stormwater management system to retain the first 1.2-inch of rainfall on the site using runoff reduction methods, to the maximum extent practicable. Where runoff reduction is found infeasible, water quality treatment applies to the remaining runoff from a 1.2-inch rainfall and must remove at least 80 percent of the average annual post-development total suspended solids load.
Do detention ponds need fencing?
Yes, in defined cases. Section 14-83(12) requires permanent fencing at least four feet high around facilities with a temporary water storage depth greater than four feet, or those the board of health designates a public health hazard. The community development director can waive fencing in certain nonresidential and natural-area settings, and the fence needs a maintenance gate.
What happens if I violate the stormwater plan?
Section 14-90 treats a violation of the approved plan during construction, missing as-built drawings, a missing final BMP landscaping plan, or a failed final inspection as a violation of the underlying land disturbance or building permit. The city then uses the notices, orders, stop work orders and penalties available for those permits.

Sources & Official References

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