Rule 391-3-16-.03 - Criteria for Wetlands Protection(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;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.Ga. Comp. R. & Regs. R. 391-3-16-.03
1990 General Assembly Resolution No. 63 (Senate Resolution No. 331)
Original Rule entitled "Criteria for Wetlands Protection" adopted. F. Dec 27, 1990; eff. March 28, 1990, as specified by certification of this Agency