Compilation of Rules and Regulations of the State of Georgia › Department 391 - RULES OF GEORGIA DEPARTMENT OF NATURAL RESOURCES › Chapter 391-3 - ENVIRONMENTAL PROTECTION › Subject 391-3-7 - EROSION AND SEDIMENTATION CONTROL › Rule 391-3-7-.11 - Coastal Marshlands Buffer Variance Procedures and Criteria

Current through Rules and Regulations filed through June 27,
				2024
(1) Buffers on
				state waters are valuable in protecting and conserving land and water
				resources. Therefore, there is established a 25 foot buffer along coastal
				marshlands, as measured horizontally from the coastal marshland-upland
				interface, except:
(a) Where the Director
				determines to allow a variance that is at least as protective of natural
				resources and the environment under the variance criteria in
				391-3-7-.11(2) through
				(7) or under the variance by rule criteria in
				391-3-7-.11(9);
				or
(b) Where otherwise allowed by
				the Director pursuant to O.C.G.A §
										12-2-8; or
(c) Where an alteration within the buffer
				area has been authorized pursuant to O.C.G.A. §
										12-5-286; or
(d) For maintenance of any currently
				serviceable structure, landscaping, or hardscaping, including bridges, roads,
				parking lots, golf courses, golf cart paths, retaining walls, bulkheads, and
				patios; provided, however, that if such maintenance requires any
				land-disturbing activity, adequate erosion control measures are incorporated
				into the project plans and specifications and such measures are fully
				implemented; or
(e) Where a
				drainage structure or roadway drainage structure is constructed or maintained;
				provided, however, that adequate erosion control measures are incorporated into
				the project plans and specifications and such measures are fully implemented;
				or
(f) On the landward side of any
				currently serviceable shoreline stabilization structure; or
(g) For the maintenance of any manmade
				storm-water detention basin, golf course pond, or impoundment that is located
				entirely within the property of a single individual, partnership, or
				corporation; provided, however, that adequate erosion control measures are
				incorporated into the project plans and specifications and such measures are
				fully implemented; or
(h) Crossings
				for utility lines that cause a width of disturbance of not more than 50 feet
				within the buffer; provided, however, that adequate erosion control measures
				are incorporated into the project plans and specifications and such measures
				are fully implemented; or
(i) Any
				land-disturbing activity conducted pursuant to and in compliance with a valid
				and effective land-disturbing permit issued subsequent to April 22, 2014, and
				prior to December 31, 2015; provided, however, that adequate erosion control
				measures are incorporated into the project plans and specifications and such
				measures are fully implemented; or
(j) Any lot for which the preliminary plat
				has been approved prior to December 31, 2015 if roadways, bridges, or water and
				sewer lines have been extended to such lot prior to the effective date of this
				Act and if the requirement to maintain a 25 foot buffer would consume at least
				18 percent of the high ground of the platted lot otherwise available for
				development; provided, however, that adequate erosion control measures are
				incorporated into the project plans and specifications and such measures are
				fully implemented.