Bill Text: GA SB228 | 2009-2010 | Regular Session | Engrossed
Bill Title: Soil Erosion/Sedimentation; 25 foot buffers along state waters; provisions
Spectrum: Partisan Bill (Republican 3-0)
Status: (Engrossed - Dead) 2009-03-18 - House Second Readers [SB228 Detail]
Download: Georgia-2009-SB228-Engrossed.html
09 SB228/FA/2
Senate
Bill 228
By:
Senators Tolleson of the 20th, Grant of the 25th and Bulloch of the 11th
AS
PASSED SENATE
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Code Section 12-7-6 of the Official Code of Georgia Annotated, relating to
best management practices for control of soil erosion and sedimentation and
minimum requirements for rules, regulations, ordinances, or resolutions, so as
to change certain provisions relating to 25 foot buffers along state waters; to
provide for buffers along certain tidally influenced state waters; to exempt
certain man-made impoundments; to provide for rules and regulations; to provide
for applicability; to repeal conflicting laws; and for other
purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Code
Section 12-7-6 of the Official Code of Georgia Annotated, relating to best
management practices for control of soil erosion and sedimentation and minimum
requirements for rules, regulations, ordinances, or resolutions, is amended by
revising the introductory language of subparagraph (b)(15)(A) and division
(b)(15)(A)(i) as follows:
"(15)(A)
There is established a 25 foot buffer along the banks of all state waters, as
measured horizontally from the point where vegetation has been wrested by normal
stream flow or wave action, except:
(i)
As provided by
paragraph
paragraphs
(16) through
(19) of this
subsection;"
SECTION
2.
Said
Code section is further amended in subsection (b) by deleting "and" at the end
of paragraph (15), by replacing the period at the end of paragraph (16) with ";
and", and by adding new paragraphs to read as follows:
"(17)(A)
There is established a 25 foot buffer along the upland boundary of all tidally
influenced state waters, as measured horizontally from the landward boundary of
coastal marshlands as defined in Code Section 12-5-282, except:
(i)
Where the director determines to allow a variance that is at least as protective
of natural resources and the environment;
(ii)
Where an alteration within the buffer area has been authorized by a permit
issued pursuant to Code Section 12-5-286;
(iii)
Where otherwise allowed by the director pursuant to Code Section 12-2-8;
or
(iv)
Where a drainage structure or a roadway drainage structure must be constructed,
provided that adequate erosion control measures are incorporated in the project
plans and specifications and are implemented.
(B)
No land-disturbing activities shall be conducted within any such buffer; and a
buffer shall remain in its natural, undisturbed state of vegetation until all
land-disturbing activities on the construction site are completed, except as
otherwise provided by this paragraph. Once the final stabilization of the site
is achieved, a buffer may be thinned or trimmed of vegetation as long as a
protective vegetative cover remains to protect water quality and aquatic
habitat; provided, however, that any person constructing a single-family
residence, when such residence is constructed by or under contract with the
owner for his or her own occupancy, may thin or trim vegetation in a buffer at
any time as long as protective vegetative cover remains to protect water quality
and aquatic habitat.
(C)
The buffer established under this paragraph shall not apply to any lands within
the jurisdiction of Part 2 of Article 4 of Chapter 5 of this title, the 'Shore
Protection Act.'
(D)
The board shall have the authority to adopt rules and regulations that contain
criteria for grant or denial by the director of requests for variances pursuant
to this paragraph;
(18)
The buffers established in this subsection shall not be required for any
man-made stormwater detention basin, water amenity feature, or other impoundment
that is not fed by a surface stream of state waters; and
(19)
Nothing in this chapter shall prevent the board from adopting rules,
regulations, or resolutions that require buffer area measures that exceed the
minimum requirements in this subsection for any project permitted pursuant to
Part 4 of Article 4 of Chapter 5 of this title, the 'Coastal Marshlands
Protection Act of
1970.'"
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.
