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laws and parts of laws in conflict with this Act are repealed.