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

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

Key Facts

Impervious-cover trigger
5,000+ sq ft new/added
Land-disturbance trigger
1 acre or more
Enforcing agency
Environmental Management Department
Max criminal penalty
$1,000 fine or 60 days jail
Ordinance effective date
August 1, 2005
Governing ordinance
Ord. No. 2020-09 (12-10-2020)

Summary

Unincorporated Fayette County requires a stormwater management permit for new development or redevelopment that adds 5,000 square feet or more of impervious cover, disturbs one acre or more of land, or is a pollutant hotspot use. The Environmental Management Department administers review under the county's Post-Development Stormwater Management Ordinance, effective August 1, 2005.

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

This article shall be applicable to any new or redevelopment project within the unincorporated county that meets one or more of the following criteria:(1)The project creates or adds 5,000 square feet or more of impervious cover; or(2)The project disturbs one acre or more of land; ... or(5)Linear transportation projects that exceed the threshold in (1) or (2) above. ... Upon conviction, such person shall be punished by a fine not to exceed $1,000.00 or imprisonment for 60 days or both. Each act of violation and each day upon which any violation shall occur shall constitute a separate offense.

Full Breakdown

Article XIV of the Development Code (§§ 104-557 through 104-564) sets post-construction stormwater standards for the unincorporated county. A project triggers the article if it creates 5,000 or more square feet of new impervious cover, disturbs one acre or more, is part of a common plan of development that cumulatively hits those thresholds, is a commercial or industrial 'hotspot' land use (gas stations, vehicle service areas, industrial facilities, high-intensity parking lots) regardless of size, or is a linear transportation project exceeding the size triggers. Applicants must submit a stormwater management plan stamped by a professional engineer, an operations and maintenance plan, and a recorded inspection and maintenance agreement to the Environmental Management Department before a land-disturbance permit issues.

2-inch storm. Systems not dedicated to the county, including HOA-owned ponds and BMPs, remain the private owner's or homeowners' association's maintenance responsibility, backed by a recorded covenant and, where the county performs the work itself, an annual stormwater assessment area billing. 4, though the department can waive that exemption if downstream properties would be harmed. The ordinance derives from Ord. No. 2020-09, adopted December 10, 2020, which repealed and replaced the former Article XIV.

Violations & Fines

Noncompliance draws a written notice of violation from the Environmental Management Department describing the deficiency and a cure deadline, normally at least ten days (24 hours if there is an immediate danger to health or safety). If the violation is not cured, the department may issue a stop-work order, withhold the certificate of occupancy, suspend or revoke the permit, or for intentional and flagrant violations issue a citation to Fayette County State Court. Conviction carries a fine of up to $1,000.00 or imprisonment up to 60 days, with each day of continuing violation a separate offense.

Frequently Asked Questions

Does a home addition need a stormwater permit in unincorporated Fayette County?
Only if it is not a single-family or duplex lot outside a larger common plan of development, or if it adds 5,000 square feet of impervious cover or disturbs an acre. Otherwise the downspout-disconnect exemption under GSMM Section 4.4 applies unless downstream harm is shown.
Who reviews stormwater plans in unincorporated Fayette County?
The county Environmental Management Department, acting as administrator under Development Code Article XIV. It reviews the stormwater management plan, operations and maintenance plan, and inspection and maintenance agreement before issuing a land-disturbance permit.
Who maintains a subdivision's detention pond after construction?
The homeowners' association or other approved entity, under a recorded inspection and maintenance agreement. If maintenance is neglected, the county can notify the responsible party, do the repair itself, and recover costs through the recorded stormwater assessment area.
What happens if a developer builds without the required stormwater permit?
The Environmental Management Department can issue a notice of violation, a stop-work order, withhold the certificate of occupancy, and suspend the permit. Intentional or flagrant violations can be cited to state court, carrying up to a $1,000 fine or 60 days in jail per day of violation.

Sources & Official References

Other rules in Fayette County

All Fayette County rules

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