§ 5.3.2. Restrictions Affecting Protected Rivers and Streams.

A.

Stream Buffers Along Protected State Rivers. A natural vegetative stream buffer is established as follows:

1.

Land Included. The stream buffer shall include all lands within 100 feet of the Chattahoochee River, inclusive of any islands, as measured horizontally from the uppermost part of the riverbank. The area between the top of the banks and the edge of the river shall be included within the River Corridor Protection Plan.

2.

Restrictions on Use of Land. Land may not be used, and vegetation shall not be disturbed, within the stream buffer by building construction, development activity, septic tanks or septic tank drain fields, the handling of hazardous wastes, or for any other purpose except for the permitted uses listed below.

(A)

A land use existing prior to the adoption of the River Protection Plan.

(B)

A single-family dwelling, provided that:

(1)

The dwelling is located on a lot having an area of at least two acres, not including any area that lies between the riverbanks;

(2)

Only one dwelling is located on the lot; and

(3)

A septic tank drain field shall not be located within the stream buffer.

(C)

Timber production and harvesting, subject to the following conditions:

(1)

Forestry activity shall be consistent with best management practices established by the Georgia Forestry Commission; and

(2)

Forestry activity shall not impair the drinking quality of the river water as defined by the federal Clean Water Act.

(D)

Wildlife and fisheries management activities consistent with the purposes of Section 12-2-8 of Article 1, Chapter 2, Title 12 of the O.C.G.A.

(E)

Public road and utility crossings complying with all requirements of the Georgia Soil Erosion and Sedimentation Control Act.

(F)

Recreational usage consistent either with the maintenance of a natural vegetative stream buffer or with river-dependent recreation, such as a boat ramp.

(G)

Agricultural production and management, subject to the following conditions:

(1)

Agricultural activity shall be consistent with best management practices established by the Georgia Soil and Water Conservation Commission;

(2)

Agricultural activity shall not impair the drinking quality of the river water as defined by the federal Clean Water Act; and

(3)

Agricultural activity shall be consistent with all state and federal laws, including all regulations promulgated by the Georgia Department of Agriculture.

(H)

Public wastewater treatment and natural water quality treatment or purification facilities, and public water and sanitary sewerage mains.

(I)

Utilities, other than public water or sewerage facilities, provided that:

(1)

Utilities that cannot feasibly be located outside the buffer area, as determined by Columbus;

(2)

Installation and maintenance of the utilities shall be such as to protect the integrity of the stream buffer to the greatest extent that is reasonably possible; and

(3)

Utilities shall not impair the drinking quality of the river water.

(J)

Mining activities, if permitted by DNR pursuant to the Georgia Surface Mining Act of 1968.

(K)

Other uses permitted by the zoning district and by DNR under Section 404 of the Clean Water Act.

B.

Other Protected Streams.

1.

Streams in Water Supply Watersheds. All protected streams located within a water supply watershed must comply with the natural stream buffer and setback requirements established for streams and reservoirs in the watershed. See Section 5.4.2. for buffer requirements.

2.

All Other Streams.

(A)

Other Streams in General. For perennial streams for which there are no stream buffer or setback restrictions otherwise established by this Section, there is established a buffer along the banks of any state waters in the widths indicated under Section 5.3.2. B.2(A)(1), below, except where the EPD Director determines to allow a variance that is at least as protective of natural resources and the environment, where otherwise allowed by the EPD Director pursuant to Code Section 12-2-8, or where a drainage structure or a roadway drainage structure must be constructed, provided that adequate erosion control measures are incorporated in the project plans and specifications and are implemented; provided, however that buffers of at least 25 feet established pursuant to this Section shall remain in force unless a variance is granted by the EPD Director as provided in this paragraph. The following requirements shall apply to any such buffer:

(1)

Except where a stream buffer of greater width is required by this Section, or as provided in Section 5.3.2B.2(B) for trout streams, below, there is established a buffer along the banks of any state waters, as measured horizontally from the point where vegetation has been wrested by normal stream flow or wave action, of 50 feet for all new development projects. For all other lands that are already developed, the undisturbed area must be at least 25 feet.

(2)

No land-disturbing activities shall be conducted within a stream buffer and a stream buffer shall remain in its natural, undisturbed state of vegetation until all land-disturbing activities on the construction site are completed. Once the final stabilization of the site is achieved, a stream buffer may be thinned or trimmed of vegetation as long as a protective vegetative cover remains to protect water quality and aquatic habitat and a natural canopy is left in sufficient quantity to keep shade on the stream bed; provided, however, that any person constructing a single-family residence, when such residence is constructed by or under contract with the owner for his or her own occupancy, may thin or trim vegetation in a buffer at any time as long as protective vegetative cover remains to protect water quality and aquatic habitat and a natural canopy is left in sufficient quantity to keep shade on the stream bed.

(3)

The buffer shall not apply to the following land-disturbing activities, provided that they occur at an angle, as measured from the point of crossing, within 25 degrees of perpendicular to the stream; cause a width of disturbance of not more than 50 feet within the buffer; and adequate erosion control measures are incorporated into the project plans and specifications are implemented:

(a)

Stream crossings for water lines; or

(b)

Stream crossings for sewer lines.

(4)

The buffer shall not apply to any ephemeral stream. Unless exempted as along an ephemeral stream, the buffers of at least 25 feet established pursuant to part 6 of Article 5, Chapter 5 of Title 12, the "Georgia Water Quality Control Act", shall remain in force unless a variance is granted by the director.

(B)

Trout Streams.

(1)

There is established a 50-foot buffer as measured horizontally from the point where vegetation has been wrested by normal stream flow or wave action along the banks of any state waters classified as "trout streams" pursuant to Article 2 of Chapter 5 of Title 12, the "Georgia Water Quality Act", except where a roadway drainage structure must be constructed, provided, however, that small springs and streams classified as trout streams which discharge an average annual flow of 25 gallons per minute or less shall have a 25-foot buffer or they may be piped, at the discretion of the landowner, pursuant to the terms of a rule providing for a general variance promulgated by the Board of Natural Resources, as long as any such pipe stops short of the downstream landowner's property and the landowner complies with the buffer requirement for any adjacent trout streams. The EPD Director may grant a variance from such buffer to allow land-disturbing activity, provided that adequate erosion control measures are incorporated in the project plans and specifications and are implemented.

(2)

The following requirements shall apply to such buffer:

(a)

No land-disturbing activities shall be conducted within a stream buffer and a stream buffer shall remain in its natural, undisturbed, state of vegetation until all land-disturbing activities on the construction site are completed. Once the final stabilization of the site is achieved, a buffer may be thinned or trimmed of vegetation as long as a protective vegetative cover remains to protect water quality and aquatic habitat and a natural canopy is left in sufficient quantity to keep shade on the stream bed: provided, however, that any person constructing a single-family residence, when such residence is constructed by or under contract with the owner for his or her own occupancy, may thin or trim vegetation in a buffer at any time as long as protective vegetative cover remains to protect water quality and aquatic habitat and a natural canopy is left in sufficient quantity to keep shade on the stream bed; and

(b)

The buffer shall not apply to the following land-disturbing activities, provided that they occur at an angle, as measured from the point of crossing, within 25 degrees of perpendicular to the stream, cause a width of disturbance of not more than 50 feet within the buffer; and adequate erosion control measures are incorporated into the project plans and specifications and are implement:

(i)

Stream crossings for water lines; or

(ii)

Stream crossings for sewer lines.

C.

Notation of Restrictions. Restrictions shall be noted on the plats and deeds of included properties to maintain any designated natural stream buffer area, undisturbed area or construction setback required by these regulations. Stream buffers are to be included in natural resource or conservation easements for new development projects in accordance with the provisions for such easements in the Ownership of Open Space Article of the Resource Conservation Chapter of this UDO.

Figure 5.3.1 Stream Corridor

Table 5.3.1 Stream Buffers and Setbacks
Summary of River Corridor, Stream Corridor and Water Supply Watershed Requirements

	Stream Corridor Total	Stream Buffer	Setback from Stream Buffer
Protected State Rivers Chattahoochee River	100 feet	100 feet	None
Trout Streams These widths apply unless greater widths are required for water supply protection, below.	50 feet	50 feet	None
Water Supply Watersheds (streams)
Within a 7-mile radius of Lake Oliver or Upatoi Creek reservoirs.	150 feet	100 feet	50 feet
Remainder of Watershed	50 feet	50 feet	None
Water Supply Reservoirs (from boundary)	150 feet	150 feet	None
Other Streams not in Water Supply Watersheds	50 feet	50 feet	None
Measured outwardly from and perpendicular to the top of each bank of the stream or reservoir. Measured outwardly from and perpendicular to the edge of stream buffer. 25 feet for small springs and streams with an average annual flow of 25 gallons per minute or less. 50 feet for new development; 25 feet on existing developed properties.

 

D.

The fact that land-disturbing activity for which a permit has been issued results in injury to the property of another shall neither constitute proof of nor create a presumption of a violation of the standards provided for in this ordinance or the terms of the permit.

(Ord. No. 10-35, § 1, 7-13-10)