STREAM BUFFERS

In Georgia, the Erosion and Sedimentation Act prohibits land-disturbing activities within the 25-foot or 50-foot vegetated buffers adjacent to non-trout and trout state waters, respectively. The State does provide a variance process for limited buffer encroachment, which is administered by the Environmental Protection Division (EPD). The latest changes in the stream buffer regulations resulted in a viable process that typically is linked to the USACE 404 permit process (i.e. approved mitigation). EPD now requires justification for buffer encroachment, an analysis of alternatives that avoid and minimize buffer encroachment, and mitigation.

Similarly, many city and county governments have local stream buffer documentation of improved post-construction water quality conditions or protection ordinances, often with buffer protection greater than the 25-foot state buffers. WEC can assist you in obtaining these buffer variances.

WEC is experienced in negotiating the rapidly changing state and local regulatory environments involving stream buffers. We can present your project with the appropriate justification, alternatives analysis, and mitigation that maximizes your chances of obtaining a buffer variance.