Laws

• Clean Water Act (CWA, 1972): holds state agencies and the EPA jointly responsible for identifying both point and nonpoint sources of pollution.
  • Section 402 prohibits the discharge of any pollutants into navigable waters (interpreted by the state of Georgia to include only big rivers) unless the discharger has a National Pollutant Discharge Elimination System (NPDES) permit. All other sources of water pollution -- nonpoint sources -- are approached with various management strategies.
  • In 1987 Congress extended the NPDES program to stormwater runoff. Cities with populations over 100,000 must apply for NPDES permits for their storm drain discharges (MS4 permits).
• Safe Drinking Water Act (SDWA) traditionally emphasized treatment technologies at the water treatment plant. In 1996 new provisions focus on protecting the source of drinking water in watersheds and require states to perform assessments of these headwaters for all public water systems.

State Laws

• Georgia Water Quality Control Act (1964): Section 303 of the Clean Water Act requires states to designate the use of each waterbody. Georgia's waters are classified as either fishing, recreation, drinking water, wild river, scenic river, or coastal fishing. Each designated use has a different set of water quality standards for parameters such as pH, dissolved oxygen, fecal coliform bacteria, and temperature. The standards are set to allow the maximum concentrations of pollutants possible to preserve the designated use. Wherever possible, states must set water standards that will protect aquatic life and allow recreation in and on the water ("fishable/swimmable" waters -- Section 101 of the CWA). Every year the Georgia Environmental Protection Division publishes a report of whether the states' streams and rivers support or do not support their designated use. To obtain a copy of the report, call 404-675-6236.
• Erosion and Sedimentation Control Act (GESA). Requires permits for "land disturbing activities" and requires buffers to be maintained between the land disturbing activity and waters of the state.
  • Land disturbing activities include clearing, grading, excavating, or filling of land. Excluded are minor activities, such as home gardens and landscaping.
  • Local authority is required to review plans, issue permits and enforce the minimum requirements of Best Management Practices (BMP's), defined as a combination of structural measures and vegetative practices to control erosion and sedimentation at a given site [See streambank solutions]. To find out if a county or city is an issuing authority, call GA EPD at 404-675-6240. Supervising authorities are the EPD and the area Soil and Water Conservation District. Dekalb defers to the Manual produced by the Georgia Soil and Water Conservation Commission; see esp. Chapter 6 "Best Management Practice Standards and Specifications for General Land-Disturbing Activities."
  • For most streams no development is allowed within 25 feet of the stream. For state-designated trout streams (there are none in DeKalb county), the buffer width is 50 feet. Exceptions must be granted by the state, not local authorities.
  • The Metropolitan River Protection Act adds restrictions on development within 2000 feet of the Chattahoochee River for 48 miles between Buford Dam and Peachtree Creek.
• Public Access Law. If a river is "navigable," then the owner cannot close off access to the public. Georgia considers a waterway navigable only if it is capable of transporting boats loaded with freight.
• GA Open Records Act (O.C.G.A. 50-18-70). Georgia citizens are entitled to review and copy all public records in a public agency's files. The best way to obtain public records from an agency is to send them an open records act request letter detailing the records you need. You will probably be required to pay the cost of copying, usually $.25 per page. This act applies to local planning and development offices or county commission, as well as state agencies like the Department of Natural Resources and its Environmental Protection Division.
• Scenic Rivers Act
• Non-Regulatory Programs
  • Conservation Use Program
  • Conservation Easements
  • Georgia Adopt-A-Stream
  • Wildlife Resources Division
  • Georgia Environmental Policy Institute: 40 Cobb St.,Athens, GA 30606, Phone: 706-546-7507

Local Ordinances

• DeKalb County: Code of the County of DEKALB, GEORGIA (Codified through Ord. No. 99-15, enacted June 22, 1999. (Supplement No. 20) Code of DeKalb County, as revised 1988) For online text, see www.municode.com [Follow the menu to Free Resources -> Online Codes -> Click on Georgia -> DeKalb County]
  • Tree protection ordinance (Chapter 14 Land Development. Article II. Environmental Control. Sec. 14-39. Tree protection.)
  • Removal of weeds, junk, etc. (Chapter 7 Buildings and Building Regulations. Article III. Property Maintenance. Division 1. Sec. 7-357. Weeds, junk, etc., prohibited)
  • Proposed changes in the Land Development Code (12/00, pdf format)
  • Proposed Land Development Ordinances (12/00, pdf format)
  • Stormwater Management Manual (12/00, pdf format)
• City of Decatur: Municipal Code (Codified through Ord. No. O-97-20, adopted June 16, 1997. (Supplement No. 1)) For online text, see www.municode.com [Follow the menu to Free Resources -> Online Codes -> Click on Georgia -> Decatur]
  • PART III CODE OF ORDINANCES
    • Chapter 42 ENVIRONMENT
      • ARTICLE IV. SOIL EROSION AND SEDIMENTATION CONTROL
      • ARTICLE V. STORMWATER DRAINAGE
      • ARTICLE VI. STORMWATER QUALITY MANAGEMENT
    • Chapter 90 SUBDIVISIONS
  • Zoning (Appendix A)

Resources

• Cower, Gail; Hardy, Paul. "Environmental Management Requirements for Stream and River Corridors in Georgia." University of Georgia: Institute of Community and Area Development. 1997. Prepared for the Georgia EPD.