06 LC 18
5129
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
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Title 12 of the Official Code of Georgia Annotated, relating to
conservation and natural resources, so as to change certain provisions relating
to minimum standards and procedures for protection of river corridors; to change
certain provisions regarding minimum standards and procedures regarding river
corridors; to provide for limitations with respect to certain stream buffers; to
change certain provisions relating to uses to which provisions of certain river
protection statutes are inapplicable; to change certain provisions relating to
local regulation of land in drainage basins, enforcement where local regulation
inadequate, and failure of governing authority to meet requirements; to change
certain provisions relating to best management practices regarding
land-disturbing activities; to repeal conflicting laws; and for other
purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Title
12 of the Official Code of Georgia Annotated, relating to conservation and
natural resources, is amended by striking paragraph (3) of subsection (c) of
Code Section 12-2-8, relating to minimum standards and procedures for protection
of river corridors, and inserting in its place a new paragraph (3) to read as
follows:
∀(3)
'River corridor' means all land not regulated under Code Sections 12-5-440
through 12-5-457, and Part 4 of Article 4 of Chapter 5 of this title, the
'Coastal Marshlands Protection Act of 1970,' in the areas of a perennial stream
or watercourse with an average annual flow of at least 400 cubic feet per second
as defined by the United States Geologic Survey and being within
100 feet on
both sides of the river as measured from the river banks at mean high
water
the buffer
limitations specified under Code Section
12-7-6.∀
SECTION
2.
Said
title is further amended by striking subsection (d) of Code Section 12-2-8,
relating to minimum standards and procedures for protection of river corridors,
and inserting in its place a new subsection (d) to read as follows:
∀(d)
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 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, the size or flow volume of the stream or reservoir, and whether or
not the actual use of the municipal water supply is existing or
proposed;
provided, however, that requirements for buffer areas along streams shall be
subject to the buffer limitations specified under Code Section
12-7-6.∀
SECTION
3.
Said
title is further amended by striking subsection (g) of Code Section 12-2-8,
relating to minimum standards and procedures for protection of river corridors,
and inserting in its place a new subsection (g) to read as follows:
∀(g)
The department shall,
by January
1, 1992,
not later than
90 days after the effective date of this
subsection, promulgate the minimum
standards and procedures for protection of river corridors referred to in
subsection (b) of this Code section including, but not limited to, regulated
activities within river corridor areas. In promulgating such standards, the
department may classify river corridor areas and activities by type, size, and
other factors relevant to the advancement of the policies and purposes of this
Code section. Such standards shall include, but are not limited to, the
following:
(1)
Perennial river corridors shall be protected by the following
criteria:
(A)
A natural vegetative buffer area shall be maintained
for a
distance of 100 feet on both sides of the stream as measured from the stream
banks
in accordance
with the buffer limitations specified in Code Section
12-7-6; provided, however, that nothing in
such standards shall prohibit or be construed to prohibit the building of a
single-family dwelling, including the usual appurtenances thereto, within said
area 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 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;
and
(B)
Except as expressly provided otherwise in subparagraph (A) of this paragraph,
septic tanks and septic tank drainfields are prohibited within such set-back
area; and
(C)
Such criteria shall provide for encroachments into the buffer area as needed for
the construction of public roads and public utility crossings of river corridors
and must meet all applicable requirements of Chapter 7 of this title, the
'Erosion and Sedimentation Act of 1975,' and of any applicable local ordinances
on soil erosion and sedimentation
control.;
(2)
Local governments shall identify existing river corridors and shall adopt river
corridor protection plans as part of their planning process. Local governments
may exempt from the planning process:
(A)
Land uses existing prior to the promulgation of a river corridor protection plan
from the criteria of the river corridor protection plan;
(B)
Mining activities permitted by the Department of Natural Resources pursuant to
Part 3 of Article 2 of Chapter 4 of this title, the 'Georgia Surface Mining Act
of 1968,' from the criteria of the river corridor protection plan;
and
(C)
Utilities from the buffer and set-back area criteria of the river corridor
protection plan if such utilities cannot feasibly be located outside of such
areas, provided:
(i)
The utilities shall be located as far from the stream bank as reasonably
possible;
(ii)
The installation and maintenance of the utilities shall be such as to protect
the integrity of the buffer and set-back areas as well as is reasonably
possible; and
(iii)
The utilities shall not impair the drinking quality of the stream water;
and
(D)
Specific forestry and agricultural activities from buffer and set-back criteria
in accordance with the following conditions:
(i)
The activity shall be consistent with the best management practices established
by the Georgia Forestry Commission or the State Soil and Water Conservation
Commission; and
(ii)
The activity shall not impair the drinking quality of the stream water as
defined by the federal Clean Water Act of 1977 (P.L. 95-217);
(3)
River corridors shall be appropriately identified and mapped in the land use
plans developed by local and regional governments. Such land use plans shall
address, at a minimum, the following considerations with regard to river
corridors:
(A)
Whether the impact the land use plan has on an area would adversely affect the
public health, safety, welfare, or the property of others;
(B)
Whether the area is unique or significant in the conservation and movement of
flora and fauna including threatened, rare, or endangered species;
(C)
Whether alteration or the effects of alteration to river corridors will
adversely affect the function, including the flow or quality of water, cause
erosion or shoaling, or have an adverse impact on navigation;
(D)
Whether modification or the effects of modification by a project would adversely
affect fishing or recreational use of river corridors;
(E)
Whether an alteration or the effects of alteration would be temporary in
nature;
(F)
Whether the project contains significant state historical and archeological
resources, defined as 'Properties on or Eligible for the National Register of
Historic Places'; and
(G)
Whether alteration of river corridors would have a measurably adverse impact on
adjacent sensitive natural areas;
(4)(A)
Land use plans shall provide the following acceptable uses of river corridors
without long-term impairment of functions:
(i)
Timber production and harvesting;
(ii)
Wildlife and fisheries management;
(iii)
Waste-water treatment;
(iv)
Recreation;
(v)
Natural water quality treatment or purification;
(vi)
Agriculture production and management; and
(vii)
Other uses including those permitted by the Department of Natural Resources or
under Section 404 of the Federal Water Pollution Control Act as amended by the
federal Clean Water Act of 1977 (P.L. 95-217).
(B)
The following uses shall not be acceptable:
(i)
Receiving areas for toxic or hazardous waste or other contaminants;
(ii)
Hazardous or sanitary waste landfills; and
(iii)
Other uses unapproved by local governments;
and
(5)
The provisions of this subsection shall apply to each local government which
contains within its boundaries any river
corridor.∀
SECTION
4.
Said
title is further amended in Code Section 12-5-451, relating to uses to which
provisions of the Metropolitan River Protection Act are inapplicable, by
striking the introductory language and paragraphs (1) and (2) and inserting in
lieu thereof the following:
∀This
part shall not apply to the following uses:
(1)
Any land or water use for agriculture or animal husbandry as defined in the
ordinances adopted by the governing authority, provided that a buffer of natural
vegetation is maintained
for a
distance of 50 horizontal feet from the bank of the
watercourse
to the extent
required under Code Section
12-7-6;
(2)
Ordinary maintenance and landscaping operations, except
for a
distance of 50 horizontal feet from the bank of the
watercourse
in the stream
buffer limitations specified under Code Section
12-7-6 and except for the removal of
healthy trees over two inches diameter breast height (DBH) anywhere in the
stream
corridor;∀
SECTION
5.
Said
title is further amended in Code Section 12-5-453, relating to local regulation
of land in drainage basins, enforcement where local regulation inadequate, and
failure of governing authority to meet requirements, by striking subsection (a)
and inserting in lieu thereof the following:
∀(a)
On or
before January 1, 1984, or March 1, 1999, with respect to land brought within
the stream corridor on July 1, 1998, each
Each
governing authority shall adopt ordinances or regulations governing use of all
land which is in the drainage basin of any tributary. Such regulations and
ordinances shall, at a minimum, include the following:
(1)
Buffer areas of
adequate
a
width not to
exceed those limitations specified under Code Section
12-7-6 as determined by local governing
authorities along all flowing streams in the drainage basin of any tributary, in
which areas there will be no land-disturbing activity; and
(2)
Soil erosion and sediment control regulations consistent with Chapter 7 of this
title, the 'Erosion and Sedimentation Act of 1975.' Requirements of the plan,
other than those requirements consistent with Chapter 7 of this title, shall not
apply in the drainage basin of any tributary outside the stream
corridor.∀
SECTION
6.
Said
title is further amended in Code Section 12-7-6, relating to best management
practices regarding land-disturbing activities, by striking subsection (c) and
inserting in its place a new subsection (c) to read as follows:
∀(c)
Nothing contained in this chapter shall
prevent
authorize
any state
or local issuing authority
from
adopting
to
adopt rules and regulations, ordinances,
or resolutions which contain stream buffer requirements that exceed the
minimum
requirements in subsection (b) of this Code section
of 25 foot
buffers for waters other than trout streams and 50 foot buffers for trout
streams unless such rule, regulation, ordinance, or resolution provides for the
purchase of the buffer area which exceeds those specified limits in accordance
with Chapter 22 of Title 36 and such property qualifies as conservation land in
accordance with Chapter 22 of Title
36.∀
SECTION
7.
All
laws and parts of laws in conflict with this Act are repealed.