§ 812. State-imposed buffers required along state waters.

(a)

Required. Per the requirements of O.C.G.A. § 12-7-6(15), 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:

1.

Where the director of the Georgia Environmental Protection Division determines to allow a variance that is at least as protective of natural resources and the environment;

2.

Where otherwise allowed by the director of the Georgia Environmental Protection Division pursuant to O.C.G.A. § 12-2-8;

3.

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;

4.

Along any ephemeral stream, as defined; and

5.

Stream crossings for water and sewer lines, provided that they occur at an angle, as measured from the point of crossing, within 25 degrees of perpendicular to the stream; cause a width of disturbance of not more than 50 feet within the buffer; and adequate erosion control measures are incorporated into the project plans and specifications and are implemented.

(b)

Remain in force. Buffers of at least 25 feet established by this section shall remain in force unless a variance is granted by the director of the Georgia Environmental Protection Division pursuant to applicable law and administrative rules.

(c)

Land-disturbing activity. No land-disturbing activities shall be conducted within any buffer required by this section. A buffer required by this section shall remain in its natural, undisturbed state of vegetation until all land-disturbing activities on the construction site are completed. Once the final stabilization of the site is achieved, a buffer established by this section may be thinned or trimmed of vegetation as long as a protective vegetative cover remains to protect water quality and aquatic habitat and a natural canopy is left in sufficient quantity to keep shade on the stream bed; 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 and a natural canopy is left in sufficient quantity to keep shade on the stream bed.

(d)

Variances to state-imposed stream buffers. Jackson County will not issue letters verifying the existence of state waters, as required by the Georgia Department of Natural Resources, Environmental Protection Division for variances to state-imposed stream buffers, except at the time development plans have been submitted to the county for review. Such letters will not be issued at the time of a zoning or special use application.

(Ord. No. 17-003 , § 1, 10-2-2017)