§ 8-5. Scope and exclusions.

This chapter shall apply to any land-disturbing activity undertaken by any person on any lands other than federal and state lands, except for the following:

(1)

Surface mining, as the same is defined in O.C.G.A. section 12-4-72;

(2)

Granite quarrying and land clearing for such quarrying;

(3)

Such minor land-disturbing activities as home gardens and individual home landscaping, repairs, maintenance work, and other related activities which result in minor soil erosion;

(4)

Single-family residences:

a.

The construction of single-family residences when such are constructed by or under contract with the owner for his own occupancy; or

b.

The construction of single-family residences not a part of a larger project and not exempted under subparagraph a. of this paragraph; provided, however, that construction of any such residence not otherwise exempt must conform to the minimum standards as set forth in O.C.G.A. section 12-7-6 and that such standards may be enforced by the issuing authority;

(5)

Agricultural practices involving the establishment, cultivation, or harvesting of products of the field or orchard; the preparation and planting of pasture land; forestry land management practices, including harvesting; farm ponds; dairy operations; livestock and poultry management practices; and the construction of farm buildings;

(6)

Any project carried out under the technical supervision of the Soil and Water Conservation Service of the United States Department of Agriculture;

(7)

Any project involving one and one-tenth acres or less; provided, however, that this exemption shall not apply to any land-disturbing activity within two hundred (200) feet of the bank of any state waters, and for purposes of this paragraph, "state waters" excludes channels and drainageways which have water in them only during and immediately after rainfall events and intermittent streams which do not have water in them year round; provided, however, that any person responsible for a project which involves one and one-tenth (1.1) acres or less, which involves land-disturbing activity, and which is within two hundred (200) feet of any such excluded channel or drainageway must prevent sediment from moving beyond the boundaries of the property on which such project is located and provided, further, that nothing contained in this chapter shall prevent a city or county which is an issuing authority from regulating any such project which is not specifically exempted by subparagraph b. of paragraph (4) or by paragraph (1), (2), (3), (5), (6), (8), (9), or (10) of this section;

(8)

Construction or maintenance projects, or both, undertaken or financed in whole or in part, or both, by the Department of Transportation, the Georgia Highway Authority, or the Georgia Tollway Authority; or any road construction or maintenance project, or both, undertaken by any county or municipality; or construction and maintenance, or either, by any water or sewerage authority established by the General Assembly of this state; provided, however, that:

a.

If such projects are constructed within two hundred (200) feet of the banks of any channels or drainageways which have water in them only during and immediately after rainfall events or intermittent streams which do not have water in them year round, then such projects shall conform to the specifications used by the Department of Transportation for control of soil erosion and sedimentation on its highway construction projects;

b.

If such projects are constructed within two hundred (200) feet of the banks of any state waters which do have water in them year round and in which the drainage area of the watershed upstream from such projects is less than three (3) square miles, then such projects shall conform to the specifications used by the Department of Transportation for control of soil erosion and sedimentation on its highway construction projects;

c.

If such projects are constructed within two hundred (200) feet of the banks of any state waters which do have water in them year round and in which the drainage area of the watershed upstream from such projects is equal to or more than three square miles, then such projects shall conform to the minimum standards set forth in O.C.G.A. section 12-7-6; and

d.

If such projects are constructed within one hundred (100) feet (horizontal) of the banks of any state waters classified as "trout streams" pursuant to O.C.G.A. Title 12, Chapter 5 Article 2 the "Georgia Water Quality Control Act," regardless of the size of the watershed area, then such projects shall conform to the minimum standards set forth in O.C.G.A. section 12-7-6;

(9)

Any land-disturbing activities conducted by any airport authority, provided that any such land-disturbing activity shall conform to the minimum standards set forth in O.C.G.A. section 12-7-6; or

(10)

Any land-disturbing activities conducted by any electric membership corporation or municipal electrical system or any public utility under the regulatory jurisdiction of the Public Service Commission, provided that any such land-disturbing activity shall conform to the minimum standards set forth in O.C.G.A. section 12-7-6.

(Ord. of 11-3-87, § 11-4009)