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

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

Key Facts

Utility created
Ordinance No. 12-19, Nov. 20, 2012
Billing basis
Impervious surface area per parcel
Impervious unit (IU)
4,780 sq ft = 1 IU
Annual rate
$39.83 per impervious unit
Late fee
1.5% per month on unpaid balance
City exemption
Stockbridge, McDonough, Hampton, Locust Grove

Summary

Henry County runs a stormwater management utility that bills every developed parcel in the unincorporated county based on impervious surface, and requires property owners to build and maintain on-site systems that safely collect and discharge runoff. Failing to maintain those systems is a nuisance the county can abate in court under § 3-5-504.

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

The appropriate and efficacious management of the stormwater management system by the county on behalf of its citizens and in compliance with applicable state and federal law places necessary and appropriate obligations on private property owners as well. All property owners and developers of developed real property within Henry County 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 county development regulations and state and federal law. Failure to meet this obligation shall constitute a nuisance and be subject to an abatement action filed by the county in a court of proper jurisdiction.

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 44).

Full Breakdown

The Henry County Board of Commissioners created the stormwater management utility by Ordinance No. 12-19 in November 2012 to fund drainage, water-quality, and floodplain-management work required under the county's federal NPDES Phase II stormwater permit. Section 3-5-504 places the core obligation directly on landowners: all property owners and developers of developed real property in the county must provide, manage, maintain, and operate on-site stormwater systems sufficient to collect, convey, detain, and discharge stormwater safely; failing to do so is declared a nuisance, and the county can sue to abate it, place a lien on the property for the cost of the work, and enter the property to inspect or test compliance.

Funding comes from a service charge set out in § 3-5-506, billed to every developed parcel in the service area based primarily on impervious surface. 83 per IU. Lands inside the cities of Stockbridge, McDonough, Hampton, and Locust Grove are exempt from the charge under § 3-5-508 unless their city adopts an interlocal stormwater agreement with the county, and county roads, GDOT rights-of-way, and Henry County Water Authority treatment and pumping facilities are exempt as well. A customer who disputes a bill can appeal in writing to the stormwater utility director, then to the county manager, and finally to the board of commissioners under § 3-5-509, with 30 days allowed at each stage.

Violations & Fines

Unpaid service charges accrue a 1.5 percent monthly late fee under § 3-5-507 and can be referred to a collection agency, sued on in court with attorneys' fees and costs assessed to the owner, or bundled with other county utility billing so that nonpayment can lead to disconnection of other services. A failure to maintain a required on-site system is a nuisance the county can abate through court action and then bill back to the owner as a lien.

Frequently Asked Questions

Who has to pay Henry County's stormwater fee?
Every developed parcel in the unincorporated stormwater service area gets a bill, because the county considers every parcel to receive some benefit from the drainage system. Undeveloped land, county and GDOT rights-of-way, railroad tracks outside yard limits, and Henry County Water Authority treatment and pumping facilities are exempt under § 3-5-508, but ordinary developed lots and businesses are not.
How is the stormwater charge calculated?
Section 3-5-506 bases the charge mainly on impervious surface. The county defines one impervious unit as 4,780 square feet, based on the average single-family lot in 2005, and charges $39.83 per unit annually. Non-single-family properties are billed on the number of impervious units and acres actually measured on the parcel.
Can I get a credit for on-site stormwater controls?
Yes. Section 3-5-508(b) lets customers apply for a credit against the service charge if they maintain an effective on-site stormwater system, using the criteria in the county's Stormwater Utility Fee Credit Manual. The county has 30 days to approve, partially approve, or deny a complete application, and the account must be current before it will review one.

Sources & Official References

Other rules in Henry County

All Henry County rules

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