(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.
1990 General Assembly
Resolution No. 63 (Senate Resolution No.
331)
