Fulton County, GA Environmental Rules: Stormwater Management (2026)
Key Facts
- Scope
- Unincorporated Fulton County only, § 26-123(b)
- Concept plan due
- At preliminary plat submittal
- Full plan sealed by
- Georgia-registered PE or landscape architect
- Exempt projects
- 5,000 sq ft or less disturbed
- Easement required
- Sized for a 100-year storm
- Violation
- Misdemeanor, § 26-167(f) / § 26-113
- Correction window
- 7 days after notice of violation
Summary
In unincorporated Fulton County, most subdivisions and land-disturbing projects must clear a two-stage Public Works review under Code § 26-166: a stormwater concept plan at the preliminary plat stage, then a full stormwater management plan, sealed by a Georgia-registered engineer, before any building or land disturbance permit issues. Atlanta, Sandy Springs, Johns Creek, Milton and the county's other cities run their own separate stormwater programs.
(a)Adequate drainage and control of stormwater are an integral and important part of any development. Proper drainage planning shall be considered an essential element of any stormwater concept plan or stormwater management plan submitted to the county. The design and construction of a site shall also follow the rules and regulations found in article XXXIV of Z.R.F.C. and section 26-39 of this Code.(b)At the time of the initial submittal to the county with an application for a preliminary plat, every sub-divider or developer shall, at his/her sole expense, be required to submit to the stormwater management section of the department of public works, a stormwater concept plan for review and approval....(c)Upon approval of the stormwater concept plan and prior to the issuance of any building or land disturbance permits, the subdivider shall, at his/her sole expense, prepare and submit for review and approval by the development services department a stormwater management plan.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 57).
Full Breakdown
Fulton County's stormwater article (Code §§ 26-121--26-186) applies only within the unincorporated area of the county under § 26-123(b); it does not reach Atlanta, Sandy Springs, Johns Creek, Milton or the county's other cities. Section 26-166(a) frames stormwater control as an essential part of development, and requires site design to also follow article XXXIV of the zoning resolution and § 26-39 of the Code. Under § 26-166(b), every subdivider or developer must submit, at their own expense, a stormwater concept plan to the stormwater management section of the department of public works at the time of the initial preliminary plat submittal.
Once that concept plan is approved, § 26-166(c) requires a full stormwater management plan before any building or land disturbance permit issues, prepared under the direct supervisory control of a Georgia-registered professional engineer or landscape architect, with subsections (3) through (6) specifically sealed by the engineer. The plan must include, among twelve required components, an existing-conditions hydrologic analysis, a post-development hydrologic analysis measured against the performance criteria in § 26-173, a downstream peak-flow analysis, a construction-phase erosion and sedimentation control plan, and a maintenance and inspection agreement binding future owners.
Section 26-125 exempts individual single-family or duplex lots outside a subdivision, additions to existing single-family or duplex homes, and any project disturbing 5,000 square feet or less. Under § 26-166(e), a subdivider must also provide, at no cost to the county, a drainage easement sized for a 100-year storm, and if no off-site easement is obtained, the outlet discharge must be limited to pre-development conditions.
Violations & Fines
Failing to maintain drainage patterns or stormwater facilities as approved, or altering them without county sign-off, is a misdemeanor under § 26-167(f), enforced under the general Code penalty in § 26-113. The county can also suspend or revoke a land disturbance, building or grading permit under § 26-170(a) for noncompliance with the approved plan, uncorrected stop-work orders, or an immediate danger determination by the public works director, and requires correction within seven days of a written notice before further penalties attach.
Frequently Asked Questions
Does the county's stormwater rule apply if I live in Atlanta or Sandy Springs?
Is a small home addition exempt from the stormwater plan requirement?
Who has to seal the stormwater management plan?
What happens if I alter drainage patterns after getting my certificate of occupancy?
Sources & Official References
Other rules in Fulton County
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