service and outreach:
georgia erosion & sedimentation control act
basics of soil erosion and sedimentation legislation
in georgia
Who is covered by this law?
Who is responsible for enforcing the law?
What is a "local issuing authority?"
How does a local government become certified as a
local issuing authority?
What must the ordinances include?
What permit do I need to obtain for my land-disturbing
activity covered under this law?
What must my application include and what is the
process for approval?
What is the fee for the permit and what is the money used
for?
Besides the revocation of the permit, are there any other
penalties for violations?
What is a "stop work order?"
What are "Best Management Practices?" Does the
law specify which practices must be incorporated?
What are the buffer requirements that single-family
developments on less than one acre must adhere to?
What constitutes a violation?
Who is covered by this law?
Anyone involved in land-disturbing activity. The State defines a land
disturbing activity as:
"Any activity which may result in soil erosion from water or wind
and the movement of sediments into state water or onto lands within
the state, including, but not limited to, clearing, dredging, grading,
excavating, transporting, and filling of land but not including agricultural
practices as described in paragraph (5) of Code Section 12-7-17."
A few activities are exempted:
- Surface mining and granite quarrying (they are covered by our mining
acts)
- Minor activities: home gardens, landscaping, etc
- Construction of a single family residence that is less than 1 acre
and not part of a larger plan (buffer requirements
still apply)
- Agricultural operations
- Projects under the supervision of Natural Resources Conservation Service
of USDA
- DOT projects including those they finance in part or in whole
- Georgia Highway Authority
- Public water system reservoirs
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An agriculture field along a trout stream in North Georgia. Agricultural
operations are exempt from Georgia's Erosion and Sedimentation Act.
Courtesy Krista Jones |
The following have partial exemptions See 12-7-17
for details
- Forestry land management practices
- Any project involving less than one acre of disturbed area
- State Road and Tollway Authority
- Utility companies
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Who is responsible for enforcing
the law?
The Department of Natural Resources' Environmental Protection Division
(EPD) is the state agency responsible for enforcing the law. EPD may delegate
their duties to local issuing authorities.
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What is a local issuing authority?
Local issuing authorities are county and city governments that have been
certified. In areas where there is a local issuing authority, permit applications
are submitted to them. They are responsible for the inspection and enforcement
of their permits.
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How does a local government
become certified as a local issuing authority?
A local must have three things in place in order to be certified:
- Local ordinances in regard to land-disturbing activities
- Ability to enforce such ordinances
- Qualified personnel to monitor and enforce permits
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What must the ordinances
include?
The ordinances must meet or exceed the requirements of this law and the
state general permit, except for certain requirements that cannot be exceeded:
- Monitoring
- Reporting
- Inspections
- Design standards
- Turbidity standards
- Education/training requirements
EPD has provided a model
ordinance to assist local governments in developing their ordinances.
You will need Adobe Reader® (this is available free) to view the document.
Ordinances must be reviewed, revised, or amended within 12 months of
any amendment to the State law.
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What permit do I need to obtain for
my land-disturbing activity covered under this law?
You will need to apply to the local issuing authority in the area where
the activity will occur or directly to EPD if no local issuing authority
exists for a National Pollutant Discharge Elimination System (NPDES) permit.
This permit was incorporated into the Erosion and Sedimentation Act by
the recent legislation. It links sedimentation and erosion control to
the Georgia Water Quality Control Act.
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What must my application
include and what is the process for approval?
Your application must include:
- Erosion and sedimentation control plan (including your Best Management
Practices)
- Supportive data that demonstrate that the land-disturbing activity
will be performed in such a manner as to meet the minimum requirements
of the law
- Certification that the plan preparer or designee has visited the site
prior to the creation of the plan (added by the recent legislation)
The process:
- Completed application and fees are submitted to the local issuing
authority or EPD, in lieu of local issuing authority
- It may take up to 45 days for approval/denial
- The application will be referred to the Soil and Water Conservation
district in the area to determine the adequacy of the erosion and sedimentation
plan
- The district only has 35 days to review the plan, if a decision
has not been rendered within 35 days the plan is considered approved
by the district
If your application is denied, the local issuing authority has to indicate
where the application is deficient. Conditions may be added to your permit;
the local issuing authority must specify on the permit the conditions
under which such activity can occur. Your permit can be suspended, revoked,
or modified (all or in part) if you are found to be noncompliant.
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What is the fee for the permit and what
is the money used for?
The permit fee is $80/disturbed acre. In areas with local issuing authorities
half of the fees will be retained by them and the other half will be sent
to EPD. The fee is to fund this law.
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Besides the revocation of the
permit are there any other penalties for violations?
- If an applicant has two or more violations or previous permits within
the previous three years a new permit will not be issued.
- A prior offender may have to post a bond up to $3,000/acre of proposed
land-disturbing activity.
- For permit holders that do not incorporate or maintain Best Management
Practices and a violation occurs there is a maximum fine of $2,500/day
for each violation. Each day that a violation occurs is considered a
separate violation.
- Injunctions and stop work orders may be issued
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What is a stop work order?
When the EPD or local issuing authority finds a violation they can require
the violator to cease work until corrective actions or mitigation has
occurred. See the section on Stop Work Orders under major changes to the
law for more information.
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What are Best Management Practices?
Does the law specify which practices must be incorporated?
Erosion and sedimentation Best Management Practices (BMP) is a set of
practices approved to control/prevent erosion and sedimentation from land-disturbing
activities. The Manual
of Erosion and Sediment Control of Georgia outlines the BMPs that
should be incorporated into your operation. In addition, the law establishes
16 other BMPs that should be included (12-7-6).
Local regulations may have more stringent BMPs than those stated in the
State law. So remember to check the local ordinances in the county/city
that the activity will occur to ensure that their BMPs are in your erosion
and sedimentation plan.
The incorporation and maintenance of BMPs is your only defense against
violations.
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What are the buffer requirements
that single family developments on less than one acre must adhere to?
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The scenic and ecological benefits of buffers,
Boggs Creek, North Georgia. Courtesy Krista Jones
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A vegetative buffer is required along all stream banks. For most
streams, a 25 foot buffer is required, but for trout streams a 50
foot buffer must be maintained. An exemption to this buffer requirement
was added to allow stream crossing for water and sewer lines, however
there are specific guidelines to be followed in order to protect
the stream. (See 12-7-6)
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Lack of riparian buffers likely contributed to
bank erosion in Weaver Creek, Georgia. Courtesy Krista Jones |
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What constitutes a violation?
- Action without a permit
- Failure to maintain stream buffers
- Significant amounts of sediment has been or are being discharges into
State waters
- Turbidity standards exceeded
- Greater than 25 nephelmetric turbidity units for waters supporting
warm water fisheries
- Greater than 10 nephelmetric turbidity units for trout waters
The turbid waters
of Stekoa Creek, Georgia after rainfall. ©Krista Jones 2003
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