Subject 391-3-16 RULES FOR ENVIRONMENTAL PLANNING CRITERIA

Rule 391-3-16-.01 Criteria for Water Supply Watersheds

Background.

These Criteria establish pursuant to O.C.G.A. § 12-2-8 a basis to be used by local governments to allow development of a water supply watershed without contaminating the water source to a point where it cannot be treated to meet drinking water standards. The criteria accomplish this by establishing buffer zones around streams and by specifying allowable impervious surface densities within watersheds. The criteria also include protection of water supply reservoirs by buffer zones and management practices to be established by reservoir owners and approved by the Department of Natural Resources.

(b)

Large drainage basins are less vulnerable to contamination by land use development than small basins. Therefore, more stringent watershed protection criteria are established for water supply watersheds less than 100 square miles in size. Since existing water supply sources as well as future sources must be protected, the criteria apply to both existing and future water supply watersheds. Watersheds are not identical; consequently alternate criteria may be adopted by local governments to protect water supply watersheds.

(c)

The purpose of these criteria is to establish the protection of drinking water watersheds. This protection is necessary for the enhancement of public health, safety and welfare as well as to assure that surface sources of drinking water are of high quality in order to be treated to meet all State and Federal drinking water standards.

(2)

Definitions.

(a)	"Buffer" means a natural or enhanced vegetated area with no or limited minor land disturbances, such as trails and picnic areas. Specific buffer uses may be defined by local governments consistent with these criteria.

(b)	"Corridor" means all land within the buffer areas and other setback areas specified in Paragraphs (6) and (7) of these criteria.

(c)	"Impervious Surface" means a man-made structure or surface which prevents the infiltration of storm water into the ground below the structure or surface. Examples are buildings, roads, driveways, parking lots, decks, swimming pools, or patios.

(d)	"Perennial Stream" means a stream that has normal stream flow consisting of base flow (discharge that enters the stream channel mainly from groundwater) or both base flow and direct runoff during any period of the year.

(e)	"Reservoir Boundary" means the edge of a water supply reservoir defined by its normal pool level.

(f)	"Utility" means public or private water or sewer piping systems, water or sewer pumping stations, electric power lines, fuel pipelines, telephone lines, roads, driveways, bridges, river/lake access facilities, storm water systems and railroads or other utilities identified by a local government.

(g)	"Water Supply Reservoir" means a governmentally owned impoundment of water for the primary purpose of providing water to one or more governmentally owned public drinking water systems. This excludes the multipurpose reservoirs owned by the U.S. Army Corps of Engineers.

(h)	"Water Supply Watersheds" means the area of land upstream of a governmentally owned public drinking water intake.

(i)	"Water Supply Watershed Protection Plan" is a land use plan prepared and adopted by local governments for the protection of the quality of drinking water obtained from the watershed.

(3)

Coverage. These criteria shall apply to all governments located within water supply watersheds. Exceptions to coverage may be allowed for watersheds providing secondary or emergency sources of water only. These criteria do not apply to watersheds not used for public drinking water supply. Standards established in the Metropolitan Rivers Protection Act and the Erosion and Sedimentation Act are not superseded by these criteria.

(4)

Local Government Adoption. Local Governments shall identify existing and future water supply watersheds and shall adopt water supply watershed protection plans as part of their planning process. These criteria shall be used as the basis for local water supply watershed protection plans. Local governments may refine and enhance the criteria in their water supply watershed protection plans. All existing or proposed withdrawals for public water supply must be approved by the Department of Natural Resources.

(5)

Exemptions.

(a)	Local governments may exempt land uses existing prior to promulgation of water supply watershed protection plans from the provisions of water supply watershed protection plans.

(b)	Local governments may exempt mining activities permitted by the Department of Natural Resources under the Surface Mining Act from the provisions of water supply watershed protection plans.

(c)

Local governments may exempt utilities from the stream corridor buffer and setback area provisions of water supply watershed protection plans in accordance with the following conditions if the utilities to be located in the buffer or setback areas cannot feasibly be located outside these areas:

1.	The utilities shall be located as far from the stream bank as reasonably possible.

2.	The installation and maintenance of the utilities shall be such to protect the integrity of the buffer and setback areas as best as reasonably possible.

3.	The utilities shall not impair the quality of the drinking water stream.

(d)

Local governments may exempt specific forestry and agricultural activities from the stream corridor buffer and setback area provisions of water supply watershed protection plans in accordance with the following conditions:

1.	The activity shall be consistent with best management practices established by the Georgia Forestry Commission or the Georgia Department of Agriculture.

2.	The activity shall not impair the quality of the drinking water stream.

(6)

Minimum Criteria for Large Water Supply Watersheds.

(a)	A large water supply watershed has 100 square miles or more of land within the drainage basin upstream of a governmentally owned public drinking water supply intake.

(b)

The stream corridors of a large water supply watershed tributary to the water supply intake shall have no specified minimum criteria for protection, except the stream corridors of the perennial tributaries of a water supply reservoir in a large water supply watershed are protected as described in (c) below.

(c)

The corridors of all perennial streams in a large water supply watershed tributary to a water supply reservoir within a seven (7) mile radius of the reservoir boundary are protected by the following criteria:

1.	A buffer shall be maintained for a distance of 100 feet on both sides of the stream as measured from the stream banks.

2.	No impervious surface shall be constructed within a 150 foot setback area on both sides of the stream as measured from the stream banks.

3.	Septic tanks and septic tank drainfields are prohibited in the setback area of 2. above.

(d)

The remainder of a large water supply watershed tributary to the water supply intake shall have no specified minimum criteria for protection, except that new facilities, located within seven (7) miles of a water supply intake or water supply reservoir, which handle hazardous materials of the types and amounts determined by the Department of Natural Resources, shall perform their operations on impermeable surfaces having spill and leak collection systems as prescribed by the Department of Natural Resources.

(e)	The water supply reservoirs in large water supply watersheds will be managed as described in (8).

(7)

Minimum Criteria for Small Water Supply Watersheds.

(a)	A small water supply watershed has less than 100 square miles of land within the drainage basin upstream of a governmentally owned public drinking water supply intake.

(b)

Stream Corridor Criteria for Small Water Supply Watersheds.

1.

The perennial stream corridors of a small water supply watershed within a seven (7) mile radius upstream of a governmentally owned public drinking water supply intake or water supply reservoir are protected by the following criteria:

(i)	A buffer shall be maintained for a distance of 100 feet on both sides of the stream as measured from the stream banks.

(ii)	No impervious surface shall be constructed within a 150 foot setback area on both sides of the stream as measured from the stream banks.

(iii)

Septic tanks and septic tank drainfields are prohibited in the setback area of (ii) above.

2.

The perennial stream corridors within a small water supply watershed and outside a seven (7) mile radius upstream of a governmentally owned public drinking water supply intake or water supply reservoir are protected by the following criteria:

(i)	A buffer shall be maintained for a distance of 50 feet on both sides of the stream as measured from the stream banks.

(ii)	No impervious surface shall be constructed within a 75 foot setback area on both sides of the stream as measured from the stream banks.

(iii)

Septic tanks and septic tanks drainfields are prohibited in the setback areas of (ii) above.

(c)

The following criteria apply at all locations in a small water supply watershed.

1.	New sanitary landfills are allowed only if they have synthetic liners and leachate collection systems.

2.	New hazardous waste treatment or disposal facilities are prohibited.

3.	The impervious surface area, including all public and private structures, utilities, or facilities, of the entire water supply watershed shall be limited to twenty-five (25) percent, or existing use, whichever is greater.

4.	New facilities which handle hazardous materials of the types and amounts determined by the Department of Natural Resources shall perform their operations on impermeable surfaces having spill and leak collection systems as prescribed by the Department of Natural Resources.

(d)	The water supply reservoirs in small water supply watersheds are to be managed as described in (8).

(8)

Water Supply Reservoir Management Plans.

(a)	The owner of a water supply reservoir shall develop a reservoir management plan for approval of the Department of Natural Resources. If the Department owns the reservoir, the plan shall be prepared in cooperation with the local governments using the reservoir.

(b)

A reservoir management plan shall address the recreational use of the reservoir and the maintenance of a buffer around the reservoir.

1.

Any recreational uses shall take into consideration the protection of the water quality of the reservoir for drinking water purposes. The following recreational uses are permissible in the reservoir management plan if the water quality of the reservoir is adequately protected.

Swimming;

Fishing;

Boating;

Docks;

(v)	Public Access; and

(vi)	Adjacent Property Owner Access.

2.

The reservoir management plan shall include a buffer that shall be maintained for a distance of 150 feet from the reservoir boundary. The allowable buffer vegetation and disturbance shall be specified in the reservoir management plan. Allowable disturbances may include public and/or private access to the reservoir and/or the buffer via docks, trails, and similar amenities provided that such disturbances are addressed in the reservoir management plan.

3.	Reservoir owners may adopt buffers of differing sizes than in 2. above upon approval of the Department of Natural Resources.

(9)

Additional Criteria.

(a)	Within water supply watersheds, local governments may adopt additional criteria to protect drinking water sources.

(10)

Alternate Minimum Criteria for Water Supply Watersheds.

(a)

A local government within a water supply watershed may adopt alternate minimum criteria for the stream buffer requirements in paragraphs (6)(c) and (7)(b) of these criteria if the alternate criteria meet the following requirements:

1.

The local government is certified by the Director as having a program in place adequate to implement and enforce these alternate minimum criteria, including implementing ordinances. Such certification may be suspended or revoked pursuant to the same procedures provided for Local Issuing Authorities under O.C.G.A. § 12-7-8;

2.

As part of any certification by the Director required above, the local government shall, through its planning department or other appropriate body, require that all approvals for the subdivision or development of parcels within the water supply watershed shall include a determination that the subject parcel or parcels within a development are consistent with the buffers required hereunder and that all plats of survey and approvals provide clear notice of the alternate minimum criteria and requirements adopted by the local government. Further, after the effective date of the ordinance, the creation of lots on which there is not sufficient area for construction is prohibited; and

3.

The local government shall adopt an ordinance that incorporates one of the following three (3) options provided below in subparagraphs 3.(i), 3.(ii), or 3.(iii) for all perennial stream corridors within the water supply watershed that are within a seven (7) mile radius upstream of a governmentally owned public drinking water supply intake or water supply reservoir. Beyond such seven (7) mile radius, the ordinance shall also provide for a 50-foot buffer for perennial stream corridors within the water supply watershed. These options do not affect the buffer around the water supply reservoir.

(i)

"Option 1" For a one-mile radius upstream of a public water supply intake, within such local government jurisdiction that is a certified Local Issuing Authority as defined in O.C.G.A. § 12-7-8, there is a 100-foot critical area with an undisturbed buffer on both sides of the stream; for the balance of the watershed, there is a 50-foot undisturbed buffer on both sides of the stream. Beyond the adopted 50-foot and 100-foot riparian buffers, development is allowed but is limited to an effective impervious cover of ten (10) percent as described below in subparagraph 4.(vi) of these criteria.

(I)

For local government ordinances incorporating the options in subparagraph 3.(i) above, all of the following practices are also required within the water supply watersheds:

I.	development and implementation of a public education program approved by the Division that includes items described below in subparagraph 4.(i) of these criteria;

II.	implementation of design guidelines that ensure a diffuse flow requirement with no concentrated flow leaving the property as described below in subparagraph 4.(ii) of these criteria;

III.	declarations of development restrictions on either survey plats and/or deeds that indicate that the parcel is located within a water supply watershed and that there are restrictions on disturbance of the buffer area and specific development practices for said property;

IV.	adoption of a stormwater ordinance as described below in subparagraph 4.(iii) of these criteria;

V.	performance of a septic tank inspection every seven (7) years with mandatory repairs and pumping, if required;

VI.	implementation of a Division approved monitoring program as described below in subparagraph 4.(iv) of these criteria; and

VII.	vegetation of riparian buffers as described in subparagraph 4.(v) of these criteria;

(ii)

"Option 2" Upstream of a public water supply intake, within such local government jurisdiction that is a certified Local Issuing Authority as defined in O.C.G.A. § 12-7-8, there is a 75-foot undisturbed riparian buffer on both sides of the stream.

(I)

For local government ordinances incorporating the options in subparagraph 3.(ii) above, all of the following practices are also required within the water supply watersheds:

I.	development and implementation of a public education program approved by the Division that includes items described below in subparagraph 4.(i) of these criteria;

II.	implementation of design guidelines that ensure a diffuse flow requirement with no concentrated flow leaving the property as described below in subparagraph 4.(ii) of these criteria;

III.	declarations of development restrictions on either survey plats and/or deeds that indicate that the parcel is located within a water supply watershed and that there are restrictions on disturbance of the buffer area and specific development practices for said property;

IV.	adoption of a stormwater ordinance as described below in subparagraph 4.(iii) of these criteria;

V.	performance of a septic tank inspection every seven (7) years with mandatory repairs and pumping, if required;

VI.	implementation of a Division approved monitoring program as described below in subparagraph 4.(iv) of these criteria; and

VII.	vegetation of riparian buffers as described in subparagraph 4.(v) of these criteria;

(iii)

"Option 3" Upstream of a public water supply intake, within such local government jurisdiction that may or may not be a certified Local Issuing Authority as defined in O.C.G.A. § 12-7-8, there is a 100-foot undisturbed riparian buffer on both sides of the stream.

(I)

For local government ordinances incorporating the options in subparagraph 3.(iii) above, all of the following practices are also required within the water supply watersheds:

I.	development and implementation of a Division approved public education program that includes items described below in subparagraph 4.(i) of these criteria;

II.	implementation of design guidelines that ensure a diffuse flow requirement with no concentrated flow leaving the property as described below in subparagraph 4.(ii) of these criteria;

III.	declarations of development restrictions on either survey plats and/or deeds that indicate that the lot is located within a water supply watershed and that there are restrictions on disturbance of the buffer area and specific development practices for said property; and

IV.	adoption of a stormwater ordinance as described below in subparagraph 4.(iii) of these criteria;

(II)

For local government ordinances incorporating the options in subparagraph (iii) above, the following practices are recommended but not required within the water supply watersheds:

I.	acquiring certification as a Local Issuing Authority;

II.

mandatory notification by the local government every seven years for all owners of septic tanks and septic tank drain fields within 100-feet of any stream within the water supply watershed, as measured from the top of the stream bank, outlining the risk of fines and enforcement for illegal discharge or seepage into waters of the State and the need for routine maintenance and replacement under guidance and direction from the local health department;

III.	implementation of a Division approved monitoring program as described below in subparagraph 4.(iv) of these criteria; and

IV.	vegetation of riparian buffers as described in subparagraph 4.(v) of these criteria.

4.

If required above, the local government shall:

(i)

Adopt and implement a Division approved public education plan that is designed to educate the community and conduct equivalent outreach activities targeting but not limited to citizens, government officials, developers, engineers, architects, landscapers, builders, construction workers, non-profit organizations, and volunteers. The plan shall include but is not limited to information about the use and maintenance of stormwater best management practices, septic system inspection and maintenance, agricultural best management practices, forestry best management practices, native landscaping and water conservation;

(ii)

Require that diffuse flow or runoff must be maintained within the riparian buffer by dispersing concentrated flow and re-establishing vegetation. Concentrated runoff from new ditches or constructed conveyances shall be converted to diffuse flow before the runoff enters the riparian buffer. If necessary to impede the formation of erosion gullies, periodic corrective action to restore diffuse flow shall be required in a maintenance agreement with appropriate entities;

(iii)

Adopt a Division approved stormwater management ordinance that applies in the water supply watershed. Any local government certified as a Local Issuing Authority under the Georgia Erosion and Sedimentation Control Act shall implement said adopted stormwater management ordinance that incorporates the post-development best management practices expressly required hereunder and permanent storm water control measures as well as design standards appropriate for the terrain and topography to protect water quality, stream channels and flooding. These standards shall be consistent with criteria established for such control measures in the Georgia Storm Water Management Manual. If such local government is not required above to become a certified Local Issuing Authority, then it shall adopt an ordinance approved by the Division that requires at a minimum that plans for permanent storm water control measures be reviewed and approved by such local government. The local government shall have the resources necessary to review and inspect such measures;

(iv)

Implement a Division approved program to monitor streams within the water supply watershed for the following:

(I)	Georgia bacterial standard,

(II)	turbidity and

(III)

nutrients. The samples shall be taken immediately after the first substantial rain of the month (0.5 inches or larger); or if rain has not occurred and is not predicted, the samples shall be taken during the last week of the month. Should the monthly data show three (3) consecutive months of degrading water quality (each month's data set for any or all parameters showing increasing values), a corrective action plan shall be submitted within thirty (30) days to the Division for approval. Upon approval by the Division the corrective action plan shall be implemented and the monthly sampling continued until such time as the Division notifies the local government that corrective action is no longer required;

(v)

Require that a 50-foot riparian buffer be vegetated with understory trees and shrubs and canopy trees native to the region or approved by the Division planted no more than ten (10) feet apart and pursuant to guidelines contained in the storm water management ordinance approved by the Division. Vegetation and permanent maintenance of the buffers is the responsibility of the developer, subsequent property owner or homeowners association. This vegetation shall only be required upon a change in use or development of the lot or parcel that includes the riparian buffer subject to these criteria.

(vi)

Require an effective impervious cover of no more than ten (10) percent upon the development or redevelopment of a parcel for either lots immediately adjacent to a perennial stream or for the area of land within 150-feet of a perennial stream, whichever is larger. On single, individual lots this requirement shall be triggered for projects with greater than 5,000 square feet of impervious surfaces. An effective impervious cover shall be generally defined in terms of controlling runoff and pollutants so that post-development runoff is only ten (10) percent greater than pre-development conditions. The pre-development (baseline) conditions shall be assumed to be good forested conditions appropriate to the site. This requirement and the methodology to achieve it shall be further defined in accordance with guidelines to be developed as part of a local government's storm water management ordinance approved by the Division.

(vii)

Notify all owners of septic tanks and septic tank drain fields within the water supply watershed every seven (7) years of the risk of fines and enforcement for illegal discharge or seepage into waters of the State and the need for routine maintenance and replacement under guidance and direction from the local health department.

5.

Septic systems and drain fields shall be located outside of the required riparian buffers and setbacks indicated in the above paragraphs and are recommended to be at least 100-feet away from a perennial stream where practicable. As part of any subdivision or development of parcels within the water supply watershed, the local government shall in cooperation with the Georgia Department of Human Resources, through its planning department or other appropriate bodies, require that:

(i)	Considering the size, configuration and household appliances and equipment, septic tanks and septic drain fields shall be sized appropriately by qualified personnel;

(ii)	Septic tank risers shall be installed;

(iii)

Only multi-stage septic tanks with effluent filters shall be installed; and

(iv)	All approvals for new building permits for additions or remodeling of existing structures on the subject parcel or parcels within a subdivision or development shall be accompanied by a review of septic tank and septic drainfield sizing, configuration and design with mandatory upgrades if required.

6.

Local governments may exempt those structures existing, under construction, or for which a complete application for a land disturbance permit, building permit, or similar government approval has been submitted as of the effective date of the ordinances adopted pursuant to this rule, or on which construction will commence no later than one year following the date of the adoption of the ordinances required pursuant to this rule. However, any modification or expansion of such existing structure which results in a net increase in the structure footprint or of the impervious surface area within the buffer shall subject the structure to the applicable criteria hereunder. Further, local governments may exempt parcels on which only one (1) single family home is built for residential use by the owner of the parcel, provided that this exemption shall not apply to parcels that are subdivided into lots after the effective date of ordinances adopted pursuant to this rule.

7.

After the effective date of the ordinance, the local government shall have one year to implement the stormwater ordinance and two years to design and implement a Division approved public education program and a Division approved monitoring program. The local jurisdiction shall submit a report on the aforementioned activities to the Division and get approval from the Division to proceed with buffer reductions.

8.

Local governments may consider granting a variance to the buffers established in the adopted ordinance only when:

(i)

There are hardships that prevent compliance with the buffer widths and required practices. Local governments shall provide an opportunity for meaningful public notice of, comment upon, and administrative appeal of all decisions relating to action upon an application for a variance under these provisions. Such terms shall be referenced or included in the storm water management ordinance to be considered by the Division. Such terms shall include any rights of appeal or further administrative review as otherwise provided for land use decisions in the local government. Hardships shall be evaluated in accordance with the following:

(I)

If the applicant complies with the buffer widths and required practices, he or she can secure no reasonable return from, nor make reasonable use of, his or her property. Merely proving that the variance would permit a greater profit from the property shall not be considered adequate justification for a variance. Moreover, the local government shall consider whether the variance is the minimum possible deviation from the buffer widths that shall make reasonable use of the property possible;

(II)	The hardship results from application of the buffer widths to the property rather than from other factors such as unrelated deed restrictions;

(III)

The hardship is due to the physical nature of the applicant's property, such as its size, shape, or topography;

(IV)	The applicant did not cause the hardship;

(V)	The variance is in harmony with the general purpose and intent of the riparian buffer widths and required practices and preserves the purpose thereof;

(VI)	In granting the variance, the public safety and welfare have been assured, and the quality of downstream water, including but not limited to water used to supply public drinking water, has been maintained or improved; and

(VII)

The applicant certifies that the applicant has not and does not intend to apply for a variance from the minimum buffer requirements contained in the Georgia Erosion and Sedimentation Control Act for the same perennial stream or streams for which a variance is sought pursuant to this paragraph.

Rule 391-3-16-.02 Criteria For Protection of Groundwater Recharge Areas

(1)

Background. Variable levels of recharge area protection can be based upon the State's hydrogeology (e.g., areas such as the Dougherty Plain where a major aquifer crops out would receive a relatively high degree of protection whereas other areas, such as the shale hills of northwest Georgia, would receive a lower degree of Protection). Recharge area protection within the significant recharge areas would be further refined, based upon the local susceptibility or vulnerability to human induced pollution (e.g., high, medium, or low). The significant recharge areas have already been identified and mapped (about 22-23% of the State). Pollution susceptibility mapping is ongoing. Existing statutes are adequate for protection of the remaining recharge areas (about 77-78% of the State).

(2)

Definitions:

(a)	"Aquifer" means any stratum or zone of rock beneath the surface of the earth capable of containing or producing water from a well. (Note: this is the same definition as in the Groundwater Use Act.)

(b)

"DRASTIC" means the standardized system for evaluating groundwater pollution potential using the hydrogeologic settings described in U.S. Environmental Protection Agency document EPA-600/287-035 (Note: the DRASTIC methodology is the most widely used technique for evaluating pollution susceptibility).

(c)	"Pollution Susceptibility" means the relative vulnerability of an aquifer to being polluted from spills, discharges, leaks, impoundments, applications of chemicals, injections and other human activities in the recharge area.

(d)

"Pollution Susceptibility Maps" means maps of relative vulnerability to pollution prepared by the Department of Natural Resources, using the DRASTIC methodology. Pollution susceptibility maps categorize the land areas of the State into areas having high, medium and low groundwater pollution potential.

(e)	"Recharge Area" means any portion of the earth's surface, where water infiltrates into the ground to replenish an aquifer.

(f)

"Significant Recharge Areas" means those areas mapped by the Department of Natural Resources in Hydrologic Atlas 18 (1989 edition). Mapping of recharge areas is based on outcrop area, lithology, soil type thickness, slope, density of lithologic contacts, geologic structure, the presence of karst, and potentiometric surface. Significant recharge areas are as follows in the various geologic provinces of Georgia:

1.	In the Valley and Ridge and in the Cumberland Plateau, significant recharge areas outcrop areas of carbonate rock where low slope (less than 8% slope) conditions prevail. Such areas commonly are characterized by karst topography (caves and sinkholes).

2.

In the Piedmont and in the Blue Ridge, rocks have little primary porosity, with most groundwater being stored in the overlying soils. The significant recharge areas are those with thicker soils. Field mapping indicates that thick soils in the Piedmont and Blue Ridge are characterized by a density of two or more geologic contacts per four squares miles (source:1976 1:500,000 Geologic Map of Georgia) and slopes lower than 8%.

3.	In the Coastal Plain, the significant recharge areas are the surface outcroppings of the large and extensively used drinking water aquifers (e.g., the Floridian, the Clayton, etc.) and soils having high permeability according to the 1976 1:750,000 Soils Association Map of Georgia.

(3)

The following criteria pursuant to O.C.G.A. § 12-2-8 shall apply in significant recharge areas:

(a)	The Department of Natural Resources shall not issue any permits for new sanitary landfills not having synthetic liners and leachate collection systems.

(b)	The Department of Natural Resources shall not issue any new permits for the land disposal of hazardous wastes.

(c)	The Department of Natural Resources shall require all new facilities permitted or to be permitted to treat, store, or dispose of hazardous waste to perform such operations on an impermeable pad having a spill and leak collection system.

(d)

New above-ground chemical or petroleum storage tanks, having a minimum volume of 660 gallons, shall have secondary containment for 110% of the volume of such tanks or 110% of the volume of the largest tank in a cluster of tanks. (Note: These figures are consistent with US EPA rules for oil pollution prevention, 40 CFR 112.1) . Such tanks used for agricultural purposes are exempt, provided they comply with all Federal requirements

(e)

New agriculture waste impoundment sites shall be lined if they are within:

1.	a high pollution susceptibility areas;

2.	a medium pollution susceptibility area and exceed 15 acre-feet;

3.

a low pollution susceptibility area and exceed 50 acre-feet.

(i)

As a minimum, the liner shall be constructed of compacted clay having a thickness of one-foot and a vertical hydraulic conductivity of less than 5×10^-7cm/sec or other criteria established by the U.S. Soil Conservation Service. (The average size of existing agricultural waste impoundments in Georgia is about 15 acre-feet; sheeps-foot rollers or pans with heavy tires, which are normal equipment for most Georgia moving contractors, should be able to compact clay to the recommended vertical hydraulic conductivity).

(f)

New homes served by septic tank/drain field systems shall be on lots having the following minimum size limitations as identified on Table MT-1 of the Department of Human Resources' Manual for On-Site Sewage Management systems (herein after "DHR Table MT-1")

1.	150% of the subdivision minimum lot size of DHR Table MT-1 if they are within a high pollution susceptibility area; and

2.	125% of the subdivision minimum lot size of DHR Table MT-1 if they are within a medium pollution susceptibility area; and

3.	110% of the subdivision minimum lot size DHR Table MT-1 if they are within a low pollution susceptibility area.

(g)

New mobile home parks served by septic tank/drain field systems shall have lots or spaces having the following size limitation as identified on Table MT-2 of the Department of Human Resources' Manual for On-Site Sewage Management System (hereinafter "DHR Table MT-2").

1.	150% of the subdivision minimum lot or space size of DHR Table MT-2 if they are within a high pollution susceptibility area; and

2.	125% of the subdivision minimum lot or space size of DHR table MT-2 if they are within a medium pollution susceptibility area; and

3.	110% of the subdivision minimum lot or space size of DHR Table MT-2 if they are within a low pollution susceptibility area.

(h)	If a local government requires a larger lot size than that required by (f) above for homes or by (g) above mobile homes, the larger lot size shall be used.

(i)	Local governments at their option may exempt from the requirement of (f) or (g) any lot of record on the date of their adoption of these lot size standards.

(j)	No construction may proceed on building or mobile home to be served by a septic tank unless the county health department first approves the proposed septic tank installation as meeting the requirements of the DHR Manual and (f), (g), (h), and (i) above.

(k)

Each Regional Development Center is responsible for considering, in its regional plan, the cumulative environmental effects of a significant number of septic tank systems being used in close proximity to each other. In so considering the Regional Development Center shall not approve any local plans which would result in adverse environmental effects on another area. A Regional Development Center may consult with the Department of Human Resources and Department of Natural Resources for technical assistance as to appropriate densities of lots served by septic tanks insignificant recharge areas.

(l)	New facilities which handle hazardous materials, of types and in amounts determined by the Department of Natural Resources, shall perform their operations on impermeable surfaces having spill and leak collection systems, as prescribed by the Department of Natural Resources.

(m)

The Department of Natural Resources shall require conservative design in any new permits for the spray irrigation of wastewater sludges in areas having pollution susceptibility. This shall be accomplished by comparing the Department's CRITERIA FOR SLOW RATE LAND TREATMENT (February, 1986 or latest edition) with amendments and other technical publication to site specific information submitted by a registered professional engineer for each project.

(n)	Permanent storm water infiltration basins shall not be constructed in areas having pollution susceptibility.

(o)	Exclusive of mining settling basins, new wastewater treatment basins shall have an impermeable liner in areas having high pollution susceptibility.

(4)	Local governments having jurisdiction authority over all significant recharge areas shall adopt, implement, and enforce ordinances for recharge area protection at least as stringent as the standards developed by the Department of Natural Resources.

Rule 391-3-16-.03 Criteria for Wetlands Protection

(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.

Rule 391-3-16-.04 Criteria for River Corridor Protection

(1)

Background. The following section on background is strictly for the purpose of introduction of the criteria. The section explains the importance of the river corridors, the relevant section of the Official Code of Georgia, and the method prescribed by the law for protection of river corridors.

(a)

River corridors are the strips of land that flank major rivers in Georgia. These corridors are of vital importance to Georgia in that they preserve those qualities that make a river suitable as a habitat for wildlife, a site for recreation, and a source for clean drinking water. River corridors also allow the free movement of wildlife from area to area within the state, help control erosion and river sedimentation, and help absorb flood waters.

(b)

The Comprehensive Georgia Planning Act of 1989 provides for the development of coordinated and comprehensive planning by municipal and county governments. Such comprehensive plans shall consider the natural resources, environments, and vital areas within the jurisdiction of the local government. Maintenance of the status as a "Qualified Local Government" is contingent upon the development of such comprehensive plans (O.C.G.A. 50-8-1et seq.).

(c)

Section 12-2-8 (as amended of Article 1, Chapter 2, Title 12 of the Official Code of Georgia Annotated (O.C.G.A.) authorized the Department of Natural Resources (DNR) to develop minimum planning standards and procedures for the protection of river corridors in the state, and requires local governments to use these minimum standards in developing and implementing local comprehensive plans.

(d)

The method mandated in O.C.G.A. 12-2-8 for the protection of river corridors is the established of natural vegetative buffer area bordering each protected river. Local government will develop River Corridor Protection Plans (as part of the comprehensive plans authorized under O.C.G.A. 36-70-3) that will maintain the integrity of this buffer area.

(2)

Definitions.

(a)

"Hazardous waste" means any solid waste which has been defined as a hazardous waste in regulations, promulgated by the administrator of the United States Environmental Protection Agency pursuant to the federal act, which are in force and effect on February 1, 1988, codified as 40 C.F.R. Section 261.3.

(Note: This is the same definition as used in the Georgia Hazardous Waste Management Act.)

(b)

"Land-disturbing activity" means any grading, scraping, excavating, or filling of land; clearing of vegetation; and any construction, rebuilding, or alteration of a structure. Land-disturbing activity shall not include activities such as ordinary maintenance and landscaping operations, individuals home gardens, yard and grounds upkeep, repairs, additions or minor modifications to a single family dwelling, and the cutting of firewood for personal use.

(c)

"Land uses existing prior to the promulgation of a River Corridor Protection Plan" means any land use or land-distributing activity, including all human endeavors directly associated with such use or activity, which, prior to the promulgation of the River Corridor Protection Plan falls within one of the following categories:

1.	is completed;

2.	is under construction;

3.	is fully approved by the governing authority;

4.	all material have been submitted for approval by the governing authority; or

5.	is zoned for such use and expenditures in excess $2,500.00 have been made in preparation for construction in accordance with such zoning.

(d)	"Local government" means the governing authority of a political subdivision.

(e)

"Natural vegetative buffer" or "buffer area" means a river corridor containing the flora native to that area. The natural floras for specific areas are described in Georgia Geologic Survey Bulletin 114, "The Natural Environment of Georgia." Habitats for endangered and threatened species may require human management of the river corridor in order to maintain those species.

(f)	"Perennial river" means a river or section of a river that flows continuously throughout the year.

(g)

"Plans" or "comprehensive plan" means any plan by a county or a municipality covering such county or municipality or any plan by a regional development center covering the center's region proposed or prepared pursuant to be minimum planning standard and procedures for preparation of comprehensive plans and for implementation of comprehensive plans, established by the Department of Community Affairs in accordance with O.C.G.A. 50-8-1 through 50-8-12.

(Note: this is the same definition as used in O.C.G.A. 50-8-2)

(h)	"Port facility" means any facility for the docking, loading, and unloading of ships.

(i)

"Protected river" means any perennial river or watercourse with an average annual flow of at least 400 cubic feet per second as determined by appropriate U.S. Geological Survey documents. However, those segments of river covered by the Metropolitan River Protection Act or the Coastal Marshlands Protection Act are specifically excluded from the definition of a protected river. In coastal areas, the seaward limit of any protected river shall be the inland limits of the jurisdiction of the Coastal Marshlands Protection Act.

(j)	"Public utility" or "utilities" means a service or services provided by a public utility company or a private entity which provides or services and all equipment and structures necessary to provide such services.

(k)	"Quadrangle map" means the most recently published U.S. Geological Survey 7.5 minute topographic map prepared at a scale of 1:24,000.

(l)	"River bank" means the rising ground, bordering a river, which serves to confine the water to the natural channel during the normal course of flow.

(m)

"River corridor" means all the land, inclusive of islands, not regulated under the Metropolitan River Protection Act (O.C.G.A. 12-5-440 through 12-5-457), or the Coastal Marshlands Protection Act (O.C.G.A. 12-5-280 through 12-5-293), in areas of a protected river and being within 100 feet horizontally on both sides of the river as measured from the river banks. The 100 foot buffer shall be measured horizontally from the uppermost part of the river banks, usually marked by a break in slope. Although not within the measured 100 foot wide buffer, the area between the top of the bank and the edge of the river shall be treated by the local governments in the same manner as the river corridor and shall be included within the River Corridor Protection Plan. Because stream channels move due to natural processes such as meandering, river bank erosion, and jumping of channels, the river corridor may shift with time. For the purposes of these standards, the river corridor shall be considered to be fixed at its position at the beginning of each review period for local comprehensive plans. Any shift in the location of the protected river after at the start of the review period will require a revision of the boundaries of the river corridor at the time of the next review by the Department of Community Affairs.

(n)	"River Corridor Protection Plan" means that part of the local comprehensive plan which deals with the river corridor protection requirements specified herein.

(o)

"Sensitive natural areas" means any area, as identified now or hereafter by the Department of Natural Resources, which contains one or more of the following:

1.	habitat, including nesting sites, occupied by rare or endangered species;

2.	rare or exemplary natural communities:

3.	significant landforms, hydroforms, or geological features; or

4.	other areas so designed by the Department of Natural Resources; and which is sensitive or vulnerable to physical or biological alteration.

(p)	"Single-family dwelling" means a dwelling structure that is designed for the use of one family.

(3)

Applicability.

(a)	These minimum planning standards and procedures shall apply to each local government which contains within its boundaries a river corridor.

(b)

These minimum planning standards and procedures shall apply to all state owned or administered land that contains a protected river within its boundaries. All state agencies shall comply with these minimum standards. Failure by a state agency to comply with such standards shall be considered an indicia of a governmental action which may significantly adversely affect the quality of the environment under the Environmental Policy Act (O.C.G.A. 12-6-1et seq.)

(c)	Standards and requirements established in the Metropolitan Rivers Protection Act and the Erosion and Sedimentation Act are not superseded by River Corridor standards.

(d)

Affected local governments shall incorporate a River Corridor Protection Plan within their comprehensive plans on or before the date established by the Department of Community Affairs (DCA). For local government which have already submitted comprehensive plans to DCA, DCA shall establish a schedule for the review of a River Corridor Protection Plan.

(4)

Protection Criteria.

(a)	The River Corridor Protection Plan shall provide for the maintenance of a natural vegetative buffer except as otherwise provided herein.

(b)

The River Corridor Protection Plan shall not prohibit the building of single-family dwellings, including the usual appurtenances, within the buffer area, subject to the following conditions:

1.	The dwelling shall be in compliance with all local zoning regulations.

2.

The dwelling shall be located on a tract of land containing at least two acres. For the purposes of these standards, the size of the tract of the land shall not include any area that lies within the protected river, (that is, for tracts of the lands that include portions of a protected river, the area between the river banks can not be counted towards the two acre minimum size).

3.	There shall be only one such dwelling on each two-acre or larger tract of land.

4.	A septic tank or tanks serving such a dwelling may be located within the buffer area.

5.	Septic tank drainfields shall not be located within the buffer area.

(c)

Within a river corridor, industrial and commercial land uses existing prior to the promulgation of a River Corridor Protection Plan are exempt from these criteria provided that:

1.	Industrial and commercial uses of river corridors shall not impair the drinking quality of the river water; and

2.	Industrial and commercial activity within the river corridor shall meet all state and federal environmental rules and regulations.

(d)	Excepts as expressly provided for under section IV.B of these criteria (dealing with single-family dwellings within the river corridor), septic tanks and septic tank drainfields are prohibited within river corridors.

(e)

River Corridors Protection Plans shall provide for the construction of road crossings and utility crossings of river corridors, provided that construction of such road and utility crossings shall meet all requirements of the Erosion and Sedimentation Control Act of 1975, and of any applicable local ordinances on soil erosion and sedimentation control

(f)

River Corridor Protection Plans, developed by local governments, shall provide the following acceptable uses of river corridors, provided that such uses do not impair the long-term functions of the protected river or the river corridor:

1.

Timber production and harvesting, subject to the following conditions:

(i)	Forestry activity shall be consistent with best management practices established by the Georgia Forestry Commission; and

(ii)	Forestry activity shall not impair the drinking quality of the river water as defined by the federal Clean Water Act, as amended.

2.	Wildlife and fisheries management activities consistent with the purposes of O.C.G.A. 12-2-8.

3.	Waste-water treatment.

4.

Recreational usage consistent either with the maintenance of a natural vegetative buffer or with river-dependent recreation. For example, a boat ramp would be consistent with this criterion but a hard-surface tennis court would not. Parking lots are not consistent with this criterion. Paths and walkways within the river corridor are consistent with this criterion.

5.	Natural water quality treatment or purification.

6.

Agricultural production and management, subject to the following conditions:

(i)	Agricultural activity shall be consistent with best management practices established by the Georgia Soil And Water Conservation Commission;

(ii)	Agricultural activity shall not impair the drinking quality of the river water as defined by the federal Clean Water Act, as amended; and

(iii)

Agricultural activity shall be consistent with all the state and federal laws, and all regulations promulgated by the Georgia Department of Agriculture.

7.	Other uses permitted by the Department of Natural Resources or under Section 404 of the Clean Water Act.

(g)

Handling areas for the receiving and storage of hazardous waste are prohibited within river corridors. Port facilities are exempted from this criterion provided that;

1.	Port facilities shall meet all federal and state laws and regulations for the handling and transport of hazardous waste.

2.

Port facilities handling hazardous waste shall perform their operations on impermeable surfaces having spill and leak protection systems as prescribed by the Department of Natural Resources.

(Note: this is the same criterion as set in the Department of Natural Resources Criterion for Water-Supply Watersheds for facilities which handle hazardous materials.)

(h)	Hazardous waste or solid waste landfills are prohibited within river corridors.

(i)	Other uses unapproved by local government shall not be acceptable within river corridors.

(j)

Local governments may exempt the following from the River Corridor Protection Plans:

1.	Land uses existing prior to the promulgation of a River Corridor Protection Plan.

2.	Mining activities, if permitted by the Department of Natural Resources pursuant to the Georgia Surface Mining Act of 1968, as amended.

3.

Utilities, (except as discussed above in Section IV.E) if such utilities cannot feasibly be located outside the buffer area (feasibility shall be decided conservatively by the local government), provided that:

(i)	The utilities shall be located as far from the river bank as reasonably possible;

(ii)	Installation and maintenance of the utilities shall be such as to protect the integrity of the buffer area as well as is reasonably possible; and

(iii)

Utilities shall not impair the drinking quality of the river water.

4.	Specific forestry and agriculture activities except as discussed above in Sections IV.F.1 and IV.F.6.

(k)	The natural vegetative buffer shall be stored as quickly as possible following any land-disturbing activity within the river corridor.

(l)	Except as noted above, all construction within the buffer area shall be prohibited.

(5)

Local Government Responsibilities:

(a)	Local government shall identify any protected river within their jurisdiction. The Department of Natural Resources will provide maps and technical guidance regarding protected rivers if and as available.

(b)	Local governments, which contain protected rivers within their jurisdiction, shall adopt River Corridor Protection Plans.

(6)

River Corridor Protection Plans:

(a)	River corridors shall be appropriately mapped and identified in the River Corridor Protection Plans.

(b)

River Corridor Protection Plan shall address, at a minimum, the following considerations with regards to river corridors:

1.	The plans shall consider the effect of the activities in the river corridor on public health, safety, welfare, and the private property rights.

2.

The plans shall consider any characteristics of the river corridor that make it unique or significant in the conservation and movement of flora and fauna including threatened, rare, and endangered species. The plans shall establish the local government's policies regarding such flora and fauna rather than identifying specific sites containing such species.

3.	The plans shall consider the effect of any activities within the river corridor on the function of the protected river and corridor including the flow and quality of the river water, erosion and shoaling of the river bed or margins, and to the navigability of the river.

4.	The plans shall consider the effect of activities in the river corridor on fishing or recreational use of river corridors.

5.	The plans shall consider whether the effect of activities in the river corridor are temporary or permanent in nature and, if temporary, the length of time the impact.

6.	The plans shall consider the preservation of significant state historical and archaeological resources (defined as properties on or eligible for the National Register of Historic Places) within the river corridor.

7.	The plans shall consider the effect of activities within river corridors on immediately adjacent sensitive natural areas. The plans shall established the local government's policies regarding such adjacent sensitive natural areas rather than identifying specific sites.

Rule 391-3-16-.05 Criteria for Mountain Protection

(1)

Background. The following section on background is strictly for the purpose of introduction of the criteria. The section explains the significance of land-disturbing activities on Georgia mountains, the relevant section of the Official Code of Georgia, and the method prescribed by the law for protection of a mountain areas.

(a)

The mountain of Georgia are characterized by steeps slopes, thin soils, and, because of the natural stresses placed on such environments, they require special protection. Land-disturbing activity on the high-elevation, steep-slope mountains of Georgia potentially threatens the public health, safety, welfare, and economic progress of the state. Such land-disturbing activity:

1.	may endanger the quality of surface water by increasing erosion and stream sedimentation;

2.	has the potential to induce landslides;

3.	has the potential to adversely affect ground water due to the difficulty in providing proper sewage disposal in areas of steep slope and high elevation;

4.	may damage the habitat for some species of wildlife (both plants and animals); and

5.	may detract from the mountains' scenic and natural beauty which is vital to the recreation and tourism industry of North Georgia.

(b)

The Comprehensive Georgia Planning Act of 1989 provides for the development of coordinated and comprehensive planning by municipal and county governments. Such comprehensive plans shall consider the natural resources, environments, and vital areas within the jurisdiction of the local government. Maintenance of the status as a "Qualified Local Government" is contingent upon the development of such comprehensive plans (O.C.G.A. 50-8-1et seq.).

(c)

Section 12-2-8 (as amended) of Article 1, Chapter 2, Title 12 of the Official Code of Georgia Annotated (O.C.G.A.) authorizes the Department of Natural Resources (DNR) to develop minimum planning standards and procedures for the protection of mountains in the state, and requires local governments to use these minimum planning standards in developing and implementing local comprehensive plans.

(d)	The method mandated in O.C.G.A. 12-2-8 for the protection of mountain areas is the development of the local plans (as part of the comprehensive plans authorized under O.C.G.A. 36-70-3) that control the extent of the land-disturbing activity on affected mountains.

(2)

Definitions.

(a)

"Hazardous waste" means any solid waste which has been defined as a hazardous waste in regulations, promulgated by the administrator of the United States Environmental Protection Agency pursuant to the federal act, which are in force and effect on February 1, 1988, codified as 40 C.F.R. Section 261.3.

(Note: This is same definition as used in the Georgia Hazardous Waste Management Act.)

(b)

"Land-disturbing activity" means any grading, scraping, excavating, or filling of land; clearing of vegetation; and any construction, rebuilding, or alteration of a structure. Land-disturbing activity shall not include activities such as ordinary maintenance and landscaping operations, individual home gardens, yard and grounds upkeep, repairs, additions or minor modifications to a single-family dwelling, and the cutting of firewood for personal use.

(c)	"Local governing authority" or "local government" means the governing authority of a political subdivision.

(d)	"Mountain Protection Plans" means that part of the local comprehensive plan which deals with the mountain protection requirement specified herein.

(e)	"Multi-family dwelling' means a structure that contains multiple dwelling units."

(f)	"Persons" means any individual, partnership, corporation, trust, entity, or authority and shall include the State of Georgia, its political subdivisions, and all of its departments, boards, bureaus, commissions, or other agencies.

(g)

"Plan" or "comprehensive plan" means any plan by a county or municipality covering such county or municipality or any plan by a regional development center covering the center's region proposed or prepared pursuant to the minimum standards and procedures for preparations of comprehensive plans and for implementation of comprehensive plans, established by the Department of Community Affairs in accordance with O.C.G.A. 50-8-1 through 50-8-12.

(Note: This is the same definition as used in O.C.G.A. 50-8-2)

(h)	"Plat map" means a large scale map that shows the location of tracts of land within a jurisdiction, and the tax status of such tracts.

(i)	"Protected mountain" means all land area 2,200 feet or more above mean sea level, that has a percentage slope of 25 percent or greater for at least 500 feet horizontally, and shall include the crests, summits, and ridge tops which lie at elevations higher than any such area.

(j)	"Quadrangle map" means the most recently published U.S. Geological Survey 7.5 minute topographic map prepared at a scale of 1:24,000.

(k)

"Reforestation plan" means a plan, prepared by a registered forester, for replacing of harvested timber by replanting (as described in the Recommended Best Management Practices for Forestry in Georgia, published by the Georgia Forestry Commission) or by natural regenerative processes (such as coppicing, seed trees, etc.)

(l)

"Sensitive natural areas" means any area, as identified now or hereafter by the Department of Natural Resources, which contains one or more of the following:

1.	habitat, including nesting sites, occupied by rare or endangered species;

2.	rare or exemplary natural communities;

3.	significant landforms, hydroforms, or geological features; or

4.	other areas so designated by the Department of Natural Resources; and which is sensitive or vulnerable to physical or biological alteration.

(m)	"Single-family dwelling" means a dwelling structure that is designed for the use of one family.

(3)

Applicability.

(a)	These minimum planning standards and procedures shall apply to each local government which contains a protected mountains within its boundaries.

(b)

These minimum planning standards and procedures shall apply to all state owned or administered land that contains a protected mountain within its boundaries. All state agencies shall comply with these minimum standards. Failure by a state agency to comply with such standards shall be considered an indicia of a governmental action which may significantly adversely affect the quality of the environment under the Environmental Policy Act (O.C.G.A. 12-16-1et seq.)

(c)	Standards and requirements established in the Erosion and Sedimentation Act are not superseded by Mountain Protection standards.

(d)

Affected local governments shall incorporate a Mountain Protection Plan within their comprehensive plans on or before the date established by the Department of Community Affairs (DCA). For local governments which have already submitted comprehensive plans to DCA, DCA shall establish a schedule for the review of a Mountain Protection Plan.

(4)

Protection Criteria.

(a)	Proposed land-disturbing activity shall meet all applicable requirements of the "Erosion and Sedimentation Act of 1975 as amended", and of any applicable local ordinances on soil erosion and sedimentation control.

(b)	Where one or more septic tanks are to be used for individual sewage disposal, the proposed land-disturbing activity shall meet all applicable requirements imposed by the local governing authority.

(c)

Where one or more wells are to be used for individuals water supply, the proposed land-disturbing activity shall meet all applicable requirements of the "Water Well Standards Act of 1985"; the requirements of the rules and regulations of the Department of Human Resources regarding individual or nonpublic wells; and any more stringent requirements imposed by the local governing authority.

(d)	If sewage treatment is to be provided by any means other than one or more individual septic tanks, the sewage treatment shall meet all applicable requirements of the "Georgia Water Quality Control Act".

(e)	If a public water supply system is to be provided, the water supply system shall meet all applicable requirements of the "Georgia Safe Drinking Water Act of 1977".

(f)

Single-family dwellings shall not be constructed at a density of more than one per acre, however, no such acre shall be less than 100 feet wide at the building site. This density restriction shall not apply to:

1.

Any lot of less than one acre if such a lot was, as of July 1, 1991, owned and described as a discrete of real property according to the instrument of title of the person or persons owning the lot on July 1, 1991; or such a lot was as of July 1, 1991, shown as a discrete parcel or real property on a plat of survey properly recorded in the real property records of the clerk of superior court by the person or persons owning the lot July 1, 1991.

2.

Any land, or part of any land, which was contained in or subject to any master plan, planned unit development plan if such plan was filed with and approved by the local governing authority prior to July 1, 1991, pursuant to a duly enacted planning and zoning ordinance; provided further, that any such planning and zoning ordinance must have provided for rules and procedures and governed lot sizes, density, types of buildings, and other limitations usually associated with the implementation of local zoning ordinances.

(g)

Multi-family dwellings, in the absence of a public water supply and sewerage system, shall not be constructed at a density of more than four dwelling units per acre. If there is a public water supply and sewage system available to this property, then the density may be increased to no more than six dwelling units per acre. No such acre shall be less than 100 feet wide at the building site.

(h)

Structures shall not extend more than 40 feet, as measured from the highest point at which the foundation of such structure intersects the ground, above the uppermost point of the crest, summit, or ridge top of the protected mountain on which the structure in constructed. This height restriction shall not apply to water, radio, or television towers; to any equipment for the transmission of electricity, to minor vertical projections of a parent building, including chimneys, flagpoles, flues spires, steeples, belfries, cupolas, antennas, poles, wires; or to windmills.

(i)

Any application for a building permit to construct a commercial structure shall contain a detailed landscaping plan. Such landscaping plan:

1.	shall identify all trees which are to be moved that exceed eight inches in diameter as measured at a point on the tree four and one-half feet above the surface of the ground; and

2.

shall contain a plan for replacement of any such trees that are removed.

(i)

Such application shall also include a topographical survey of the project site and an assessment of the effect that the project will have on the environment of the mountain after the project has been completed and is in operation. Nothing in this paragraph shall be construed to require commercial structures to comply with the density provision of sections F and G cited above.

(ii)

In counties which do not require building permits, persons wishing to construct a commercial structure on a protected mountain shall obtain permission from the local government for such construction. The request for permission from the local government for such construction. The request for permission shall include the same information (listed above) that would be required if local building permit regulations were in place.

(j)

No person engaging in land-disturbing activity shall remove more than 50 percent of the existing trees which exceed eight inches in diameter as measured at a point on such a tree four and one-half feet above the surface of the ground unless such person has filed with the application a plan of reforestation developed by a registered forester.

(k)	Handling areas for the receiving and storage of hazardous waste are prohibited from protected mountains.

(l)	Hazardous waste or solid waste disposal facilities are prohibited from protected mountains. Disposal facilities permitted by the Environmental Protection Division prior to the promulgation of a Mountain Protection Plan shall be exempt from this criterion.

(m)	Other uses unapproved by local governments shall not be acceptable on protected mountains.

(n)

Agriculture and forestry may be permitted on protected mountains provided that:

1.	Such agriculture and forestry must be consistent with the best management practices established by the Georgia Forestry Commission or the Georgia Soil and Water Conservation Commission;

2.	Agricultural and forestry activity shall be consistent with all state and federal laws, and all regulation promulgated by the Georgia Department of Agriculture.

(o)	All roads on protected mountains shall be designed and constructed to minimize the potential for landslides, erosion, and runoff.

(p)	Local governments may allow mining activity on protected mountains if such activity is permitted by the Department of Natural Resources.

(5)

Local Government Responsibilities.

(a)	Local government shall identify and map any protected mountain within their jurisdiction. The Department of Natural Resources will provided maps and technical guidance regarding protected mountains if and as available.

(b)	Local governments, which contain a protected mountain within their jurisdictions, shall adopt Mountain Protection Plans.

(6)

Mountain Protection Plans.

(a)	Protected mountains shall be appropriately mapped and identified in the Mountain Protection Plans.

(b)

Mountain Protection Plans shall address, at a minimum, the following considerations with regard to protected mountains:

1.	The plans shall consider the effect of the activities within protected mountain areas on a public health, safety, welfare, and private property rights.

2.

The plans shall consider any characteristics of a protected mountain that make it unique or significant in the conservation of flora and fauna including threatened, rare, and endangered species. The plans shall establish the local government's policies regarding such flora and fauna rather than identifying specific sites containing such species.

3.	The plans shall consider the effect of activities within protected mountain areas on ground-water or surface-water quality.

4.	The plans shall consider the effect of activities within protected mountain areas on the visual esthetics of the protected mountain.

5.	The plans shall consider whether the effects of activities within a protected mountain area are temporary or permanent in nature and, if temporary, the length of time of the impact.

6.	The plans shall consider the preservation of significant state historical and archaeological resources (defined as properties on or eligible for the National Register of Historic Places) within protected mountain areas.

7.	The plans shall consider the effect of activities within protected mountain areas on immediately adjacent sensitive natural areas. The plans shall establish the local government's policies regarding such adjacent sensitive natural areas rather than identifying specific sites.

(7)

Procedures.

(a)

Determination of Elevation.

1.

All and that lies above 2,200 feet elevation shown on a U.S. Geological Survey quadrangle map shall meet the elevation criterion for classification as a protected mountain.

(i)	The 2,200 foot contour line on the quadrangle map shall serve as the line of delineation.

(b)

Determination of Slope.

1.	All land that has a slope of 25 percent or greater for at least 500 feet horizontally as shown on a U.S. Geologic Survey quadrangle map or contained in a U.S. Geologic Survey computer data file (Digital Elevation Model) shall meet the slope criterion for classification as a protected mountain.

2.

Actual calculation of slope shall be done in one of three ways:

(i)	Slope may be determined by measuring the proximity of contour lines on a quadrangle map.

(ii)	Slope may be determined by using appropriate computer algorithms working on U.S. Geological Survey Digital Elevation Models.

(iii)

Slope may be determined by a registered surveyor using standard surveying practices.

3.	On an otherwise protected mountain, areas that are at an elevation of 2,200 feet or more and have slope of less than 25 percent, exclusive of valley floors shall be included within the protected mountain area.

4.	The crests, summits, and ridge tops of mountains whose flanks meet the criteria for a protected mountain shall also be included within the protected area, even though the slopes of such crests, summits and ridge tops have slope of less than 25 percent.

(c)

Preparation of Maps.

1.

As part of their Mountain Protection Plans, local governments shall include maps showing all protected mountains within their jurisdiction. These maps shall consist of either:

(i)	Quadrangle maps (at 1:24,000 scale) on which the protected mountains have been delineated.

(ii)	Plat maps on which the protected mountains have been delineated.

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