Senate
Bill 510
By:
Senators Pearson of the 51st, Balfour of the 9th, Seabaugh of the 28th, Wiles of
the 37th and Rogers of the 21st
AS
PASSED SENATE
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Article 1 of Chapter 2 of Title 12 of the Official Code of Georgia
Annotated, relating to general provisions related to the Department of Natural
Resources, so as to change certain provisions relating to minimum standards and
procedures for protection of river corridors, streams, and reservoirs as part of
local government comprehensive plans; to define certain terms; to provide
certain exemptions from stream and water supply reservoir buffer requirements;
to provide for grant of variances from stream and water supply reservoir buffer
requirements under certain circumstances by the director of the Environmental
Protection Division; to provide for alternative methods of protection of small
water supply watersheds; to provide effective dates; to repeal conflicting laws;
and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Article
1 of Chapter 2 of Title 12 of the Official Code of Georgia Annotated, relating
to general provisions related to the Department of Natural Resources, is
amended in subsection (c) of Code Section 12-2-8, relating to minimum standards
and procedures for protection of river corridors, streams, and reservoirs as
part of local government comprehensive plans, by adding new paragraphs to read
as follows:
"(1.1)
'Large water supply watershed' means a water supply watershed consisting of not
less than 100 square miles of land
area."
"(4)
'Small water supply watershed' means a water supply watershed consisting of less
than 100 square miles of land area.
(5)
'Storm-water management ordinance' means an ordinance regulating the collection,
conveyance, storage, treatment, and disposal of storm-water runoff in a manner
intended to prevent increased flood damage, streambank channel erosion, habitat
degradation, and water quality degradation and to enhance and promote the public
health, safety, and general welfare.
(6)
'Water supply reservoir' means a governmentally owned impoundment of water the
primary purpose of which is to provide water to one or more governmentally owned
public drinking water systems. Such term does not include any multipurpose
reservoir owned by the United States Army Corps of Engineers.
(7)
'Water supply watershed' means that portion of a watershed that is upstream of a
water supply reservoir or governmentally owned public drinking water
intake."
SECTION
2.
Said
article is further amended in Code Section 12-2-8, relating to minimum standards
and procedures for protection of river corridors, streams, and reservoirs as
part of local government comprehensive plans, by striking subsections (b) and
(d) and inserting in lieu thereof the following:
"(b)
The department is therefore authorized to develop minimum standards and
procedures, in accordance with paragraph (2) of subsection (b) of Code Section
50-8-7.1 and in accordance with the procedures provided in Code Section 50-8-7.2
for the promulgation of minimum standards and procedures, for the protection of
the natural resources, environment, and vital areas of the state, including, but
not limited to, the protection of mountains, the protection of river corridors,
the protection of
watersheds
of streams and reservoirs which are to be used for public water
supply
water supply
watersheds, for the protection of the
purity of ground water, and for the protection of wetlands, which minimum
standards and procedures shall be used by local governments in developing,
preparing, and implementing their comprehensive plans as that term is defined in
paragraph (3) of subsection (a) of Code Section
50-8-2."
"(d)(1)
The minimum standards and procedures for watershed protection referred to in
subsection (b) of this Code section shall specifically include, but shall not be
limited to, buffer areas along streams and
water
supply reservoirs, land development
densities, and land use activities. The department may adopt differing minimum
standards and procedures of watershed protection based on
the size of
the watershed
whether a
large water supply watershed or small water supply watershed is
involved, the size or flow volume of the
stream or
water
supply reservoir, and whether or not the
actual use of the
municipal
water supply is existing or proposed.
(2)(A)(i)
Nothing in such standards shall prohibit or be construed to prohibit the
building of a single-family dwelling, including the usual appurtenances thereto,
within that portion of a buffer area, if any, that is in addition to the minimum
buffer area required under Chapter 7 of this title, the 'Erosion and
Sedimentation Act of 1975,' subject to the following conditions:
(I)
Such dwelling must be in compliance with all other local zoning
regulations;
(II)
A septic tank or tanks serving such dwelling may be located in said additional
buffer area but the drainfield for any such tank or tanks must be outside said
area; and
(III)
Any such dwelling must be located on a tract containing at least two acres of
land and there shall be only one such dwelling on each such two-acre or larger
tract.
(ii)
Except as expressly provided otherwise in division (i) of this subparagraph,
septic tanks and septic tank drainfields shall be prohibited within such
additional buffer area.
(iii)
Such standards shall provide for encroachments into the additional buffer area
as needed for the construction of public roads and public utility crossings of
such additional buffer areas, provided that such encroachments meet all
applicable requirements of Chapter 7 of this title.
(B)
Any minimum standards and procedures adopted by the department under subsection
(b) of this Code section that provide for buffers along streams or water supply
reservoirs that are in addition to those minimum buffers required by Chapter 7
of this title shall provide for a variance from such additional buffer
requirements. On or before December 31, 2006, the Board of Natural Resources
shall adopt rules and regulations that contain specific criteria for the grant
or denial by the director of requests for variances. After such date, no
variance shall be granted by the director which is not consistent with the
criteria contained in such rules and regulations. Such rules and regulations
shall provide, at a minimum, that the director shall consider granting a
variance in the following circumstances:
(i)
Where a proposed land disturbing activity within the additional buffer would
require the landowner to acquire a permit from the United States Army Corps of
Engineers under Section 404 of the federal Water Pollution Control Act Amendment
of 1972, 33 U.S.C. Section 1344, and the Corps of Engineers has approved a
mitigation plan to be implemented as a condition of such a permit;
(ii)
Where the landowner provides a plan satisfactory to the director that shows
that, even with the proposed land disturbing activity within the additional
buffer, the completed project will result in maintained or improved water
quality downstream of the project; or
(iii)
Where a project with a proposed land disturbing activity within the additional
buffer is located in or upstream and within ten linear miles of a stream segment
listed as impaired under Section 303(d) of the federal Water Pollution Control
Act Amendment of 1972, 33 U.S.C. Section 1313(d) and the landowner provides a
plan satisfactory to the director that shows that the completed project will
result in maintained or improved water quality in such listed stream segment and
that the project has no adverse impact relative to the pollutants of concern in
such stream segment.
All
projects covered under divisions (i), (ii), and (iii) of this subparagraph shall
meet all criteria set forth in rules and regulations for specific variance
criteria adopted by the board by December 31, 2006.
(C)
In lieu of complying with minimum standards and procedures for buffers along
streams and water supply reservoirs in small water supply watersheds as adopted
by the department under subsection (b) of this Code section that provide for
buffers along streams or water supply reservoirs in addition to those minimum
buffers required by Chapter 7 of this title, a local government may adopt a
storm-water management ordinance applicable to perennial streams in that portion
of a small water supply watershed that lies within a seven mile radius upstream
of a water supply reservoir or governmentally owned public drinking water intake
and which ordinance is approved by the department as protecting water quality in
the small water supply watershed to an extent equal to or better than that
protection afforded by such minimum standards and procedures for buffers along
streams and water supply reservoirs. The department shall develop a model
storm-water management ordinance for local governments and shall establish
standards and procedures for monitoring water quality for purposes of this
subparagraph.
(D)
This paragraph shall not apply to counties and municipalities within the
Metropolitan North Georgia Water Planning District under Article 10 of Chapter 5
of this
title."
SECTION
3.
For
purposes of promulgating rules and regulations, this Act shall become effective
upon its approval by the Governor or upon its becoming law without such
approval; for all other purposes, this Act shall become effective on July 1,
2006.
SECTION
4.
All
laws and parts of laws in conflict with this Act are repealed.