SB 155 - Soil Erosion and Sedimentation; 25 foot buffers along state waters; change certain provisions

Current Version

PDF Version

Committees

SC:NR&E
HC:NR&E

Current Status

05/04/09 - Senate Date Signed by Governor

First Reader Summary

A BILL to be entitled 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 repeal conflicting laws; and for other purposes.

Votes

Electronically Recorded Votes
Date	Time	Vote No	Yeas	Nays	NV	Exc	Description
03/09/2009	3:58PM	Senate Vote #138	023	029	000	004	ADOPTION OF AMENDMENT #1 BY SENATOR FROM THE 6TH TO COMMITTEE SUB
03/09/2009	4:00PM	Senate Vote #139	035	017	000	004	PASSAGE BY SUBSTITUTE
03/26/2009	12:16PM	House Vote #348	106	058	007	009	PASS
04/03/2009	8:45PM	Senate Vote #429	038	008	005	005	AGREE TO HOUSE SUBSTITUTE

Status History

Bill History
Date	Action
02/17/2009	Senate Read and Referred
03/03/2009	Senate Committee Favorably Reported
03/04/2009	Senate Read Second Time
03/09/2009	Senate Third Read
03/09/2009	Senate Passed/Adopted
03/10/2009	House First Readers
03/12/2009	House Second Readers
03/23/2009	House Committee Favorably Reported
03/26/2009	House Third Readers
03/26/2009	House Passed/Adopted
04/03/2009	Senate Agrees House Amend or Sub
04/15/2009	Senate Sent to Governor
05/04/2009	Senate Date Signed by Governor
05/04/2009	Act 108
07/01/2009	Effective Date

Footnotes

3/26/2009 Modified Structured Rule

Versions

09 SB155/AP

Senate Bill 155

By: Senators Pearson of the 51st, Tolleson of the 20th, Williams of the 19th, Rogers of the 21st, Chance of the 16th and others

AS PASSED

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 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 subparagraph (b)(15)(A) 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 (16) of this subsection;

(ii) Where the director determines to allow a variance that is at least as protective of natural resources and the environment;

(iii) Where otherwise allowed by the director pursuant to Code Section 12-2-8;

(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; or

(v) Along any ephemeral stream. As used in this division, the term 'ephemeral stream' means a stream:

(I) That under normal circumstances has water flowing only during and for a short duration after precipitation events;

(II) That has the channel located above the ground-water table year round;

(III) For which ground water is not a source of water; and

(IV) For which runoff from precipitation is the primary source of water flow.

Unless exempted under division (v) of this subparagraph, buffers of at least 25 feet established pursuant to Part 6 of Article 5 of Chapter 5 of this title shall remain in force unless a variance is granted by the director as provided in this paragraph."

SECTION 2.

All laws and parts of laws in conflict with this Act are repealed.