Georgia Statewide Rule
Georgia Erosion and Sedimentation Act Statewide Mandate
Key Facts
- Statute
- O.C.G.A. 12-7-1 et seq.
- Stream buffer
- 25 ft (50 ft trout)
- Manual
- Green Book
- Civil penalty
- Up to $2,500/day
Summary
The Georgia Erosion and Sedimentation Act sets minimum land-disturbing-activity standards, certified-personnel requirements, and stream buffers that apply statewide whether or not a local issuing authority has adopted them.
(1) Best management practices as set forth in subsection (b) of this Code section shall be required for all land-disturbing activities. Proper design, installation, and maintenance of best management practices shall constitute a complete defense to any action by the director or to any other allegation of noncompliance with paragraph (2) of this subsection or any substantially similar terms contained in a permit for the discharge of storm water issued pursuant to subsection (f) of Code Section 12-5-30. As used in this subsection, the terms "proper design" and "properly designed" mean designed in accordance with the hydraulic design specifications contained in the "Manual for Erosion and Sediment Control in Georgia" specified in subsection (b) of this Code section.
Full Breakdown
O.C.G.A. Title 12, Chapter 7 (Erosion and Sedimentation Act of 1975) requires permits for land-disturbing activities. Projects must follow the Manual for Erosion and Sediment Control in Georgia ('Green Book'). A 25-foot undisturbed buffer applies along state waters (50 feet along trout streams). Operators, designers, and inspectors must be certified through state-approved training. Local governments may serve as 'Local Issuing Authorities' if their ordinances meet or exceed state minimums; otherwise, EPD issues permits. Single-family home construction on individual lots may be exempt unless part of a larger common plan.
Violations & Penalties
Civil penalties may reach $2,500 per day per violation, plus stop-work orders. Repeated or willful violations can trigger criminal misdemeanor liability.
Frequently Asked Questions
Does Georgia's erosion act apply if my city has no ordinance?
Is single-family construction exempt from Georgia erosion permits?
Sources
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