Current through Rules and Regulations filed through March 20, 2024
(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.
50-8-1
et
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.
12-16-1
et
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.
O.C.G.A. Secs.
12-2-8,
50-8-7.1,
50-8-7.2.