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 391-3-16 - RULES FOR ENVIRONMENTAL PLANNING CRITERIA › Rule 391-3-16-.03 - Criteria for Wetlands Protection

Current through Rules and
				Regulations filed through June 27, 2024
(1) Local governments and regional
				development centers should acknowledge the importance of wetlands for the
				public good in the land-use planning process as mandated by O.C.G.A. §
									12-2-8. The Department of Natural
				Resources shall establish a freshwater wetlands database and minimum criteria
				for local government consideration of wetlands protection in the land-use
				planning process. DNR's database shall include field checked mapping wetlands.
				The criteria are designed to assist in the identification and protection of
				wetlands, and do not constitute a state or local permit program.
(2) The wetlands permit program under Section
				404 of the Clean Water Act provides a federal permit process that may allow
				activities in wetlands after a public interest review. Most activities in
				wetlands will require a Section 404 permit from the Corps of Engineers. If
				wetlands are altered or degraded, mitigation of offset losses will be required
				as a condition of a Section 404 Permit. Under current federal policy,
				alternations or degradations of wetlands should be avoided unless it can be
				demonstrated that there will be no long-term adverse impacts or net loss of
				wetlands. Section 401 of the Clean Water Act requires certification by the
				State for any permit issued under Section 404. Other state and federal laws are
				also applicable to wetlands and wetlands protection.
(3) The following are definitions and
				criteria for developing local and regional land-use plans with respect to
				wetlands:
(a) Definition of Freshwater
				Wetlands."Wetlands" mean those areas that are inundated or saturated by surface
				or groundwater at a frequency and duration sufficient to support, and that
				under normal circumstances do support, a prevalence of vegetation typically
				adapted for life in saturated soil conditions. Wetlands generally include
				swamps marshes, bogs, and similar areas. (33 CFR 32.93). The ecological
				parameters for designating wetlands include hydric soils, hydrophytic
				vegetation, and hydrological conditions that involve a temporary or permanent
				source of water to cause soil saturation. Freshwater wetlands do not include
				any areas defined as "coastal marshlands" by the State Coastal Marshlands
				Protection Act.
(b) At a minimum,
				the following categories of freshwater wetlands and aquatic habitants will be
				defined, identified and mapped by the State:
1. Open water -- areas of open water,
				primarily reservoirs, ponds, lakes, rivers, and estuaries.
2. Non-forested emergent wetlands --
				freshwater marshes dominated by a variety of grasses, sedges, rushes, and
				broadleaved aquatic associated with streams, ponded areas, and
				tidally-influenced non-saline waters.
3. Scrub/shrub wetlands -- non-forested areas
				dominated by woody shrubs, seedlings and saplings averaging less than 20 ft. in
				height; these wetlands may intergrade with forested wetlands, non-forested
				emergent wetlands, and open water.
4. Forested wetlands -- natural or planted
				forested areas having a dominant tree crown closure of hardwoods, pines, gums,
				cypress, or any combination of these types. These areas are usually in stream
				or river floodplains, isolated depressions, and drainways and contain standing
				or flowing water for a portion of the year. Subcategories:
(i) Hardwood floodplain forest;
(ii) Coniferous floodplain forest;
(iii) Mixed floodplain forests;
(iv) Non-alluvial forested
				wetlands.
5. Altered
				wetlands -- areas with hydric soils that have been denuded of natural
				vegetation and put to other uses, such as pasture, row crops, etc., but that
				otherwise retain certain wetlands function and values.
(c) Wetlands will be appropriately identified
				and mapped in the land-use plans developed by local and regional governments. A
				"minimum areas" will be established for identification and mapping of wetlands
				in land-use plans. The "minimum area" established will be contingent upon the
				methodology used in developing the State's wetlands database and other
				available information, but under no conditions will an identified wetland
				"minimum area" exceed 5 acres. Land-use plans should address at least the
				following considerations with regards to wetlands classes identified in the
				database:
1. Whether impacts to an area would
				adversely affect the public health, safety, welfare, or the property of
				others.
2. Whether the area is
				unique or significant in the conservation of flora and fauna including
				threatened, rare or endangered species.
3. Whether alteration or impacts to wetlands
				will adversely affect the function, including the flow or quality of water,
				cause erosion or shoaling, or impact navigation.
4. Whether impacts or modification by a
				project would adversely affect fishing or recreational use of
				wetlands.
5. Whether an alteration
				or impact would be temporary in nature.
6. Whether the project contains significant
				state historical and archaeological resources, defined as "Properties On or
				Eligible for the National Register of Historic Places".
7. Whether alteration of wetlands would have
				measurable adverse impacts on adjacent sensitive natural areas.
8. Where wetlands have been created for
				mitigation purposes under Section 404 of the Clean Water Act, such wetlands
				shall be considered for protection.
(d) Uses of wetlands without long term
				impairment for function should be included in land use plans. Acceptable uses
				may include:
1. Timber production and
				harvesting;
2. Wildlife and
				fisheries management;
3. Wastewater
				treatment;
4. Recreation;
5. Natural water quality treatment or
				purification;
6. Other uses
				permitted under Section 404 of the Clean Water Act.
(e) Unacceptable uses may include:
1. Receiving areas for toxic or hazardous
				waste or other contaminants;
2.
				Hazardous or sanitary waste landfills;
3. Other uses unapproved by local
				governments.