Rule 391-3-16-.04 - Criteria for River Corridor Protection(1)Background. The following section on background is strictly for the purpose of introduction of the criteria. The section explains the importance of the river corridors, the relevant section of the Official Code of Georgia, and the method prescribed by the law for protection of river corridors. (a) River corridors are the strips of land that flank major rivers in Georgia. These corridors are of vital importance to Georgia in that they preserve those qualities that make a river suitable as a habitat for wildlife, a site for recreation, and a source for clean drinking water. River corridors also allow the free movement of wildlife from area to area within the state, help control erosion and river sedimentation, and help absorb flood waters.(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. 50-8-1et 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.) authorized the Department of Natural Resources (DNR) to develop minimum planning standards and procedures for the protection of river corridors in the state, and requires local governments to use these minimum standards in developing and implementing local comprehensive plans.(d) The method mandated in O.C.G.A. 12-2-8 for the protection of river corridors is the established of natural vegetative buffer area bordering each protected river. Local government will develop River Corridor Protection Plans (as part of the comprehensive plans authorized under O.C.G.A. 36-70-3) that will maintain the integrity of this buffer area.(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 the 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, individuals 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) "Land uses existing prior to the promulgation of a River Corridor Protection Plan" means any land use or land-distributing activity, including all human endeavors directly associated with such use or activity, which, prior to the promulgation of the River Corridor Protection Plan falls within one of the following categories: 2. is under construction;3. is fully approved by the governing authority;4. all material have been submitted for approval by the governing authority; or5. is zoned for such use and expenditures in excess $2,500.00 have been made in preparation for construction in accordance with such zoning.(d) "Local government" means the governing authority of a political subdivision.(e) "Natural vegetative buffer" or "buffer area" means a river corridor containing the flora native to that area. The natural floras for specific areas are described in Georgia Geologic Survey Bulletin 114, "The Natural Environment of Georgia." Habitats for endangered and threatened species may require human management of the river corridor in order to maintain those species.(f) "Perennial river" means a river or section of a river that flows continuously throughout the year.(g) "Plans" or "comprehensive plan" means any plan by a county or a municipality covering such county or municipality or any plan by a regional development center covering the center's region proposed or prepared pursuant to be minimum planning standard and procedures for preparation 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) "Port facility" means any facility for the docking, loading, and unloading of ships.(i) "Protected river" means any perennial river or watercourse with an average annual flow of at least 400 cubic feet per second as determined by appropriate U.S. Geological Survey documents. However, those segments of river covered by the Metropolitan River Protection Act or the Coastal Marshlands Protection Act are specifically excluded from the definition of a protected river. In coastal areas, the seaward limit of any protected river shall be the inland limits of the jurisdiction of the Coastal Marshlands Protection Act.(j) "Public utility" or "utilities" means a service or services provided by a public utility company or a private entity which provides or services and all equipment and structures necessary to provide such services.(k) "Quadrangle map" means the most recently published U.S. Geological Survey 7.5 minute topographic map prepared at a scale of 1:24,000.(l) "River bank" means the rising ground, bordering a river, which serves to confine the water to the natural channel during the normal course of flow.(m) "River corridor" means all the land, inclusive of islands, not regulated under the Metropolitan River Protection Act (O.C.G.A. 12-5-440 through 12-5-457), or the Coastal Marshlands Protection Act (O.C.G.A. 12-5-280 through 12-5-293), in areas of a protected river and being within 100 feet horizontally on both sides of the river as measured from the river banks. The 100 foot buffer shall be measured horizontally from the uppermost part of the river banks, usually marked by a break in slope. Although not within the measured 100 foot wide buffer, the area between the top of the bank and the edge of the river shall be treated by the local governments in the same manner as the river corridor and shall be included within the River Corridor Protection Plan. Because stream channels move due to natural processes such as meandering, river bank erosion, and jumping of channels, the river corridor may shift with time. For the purposes of these standards, the river corridor shall be considered to be fixed at its position at the beginning of each review period for local comprehensive plans. Any shift in the location of the protected river after at the start of the review period will require a revision of the boundaries of the river corridor at the time of the next review by the Department of Community Affairs.(n) "River Corridor Protection Plan" means that part of the local comprehensive plan which deals with the river corridor protection requirements specified herein.(o) "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; or4. other areas so designed by the Department of Natural Resources; and which is sensitive or vulnerable to physical or biological alteration.(p) "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 within its boundaries a river corridor.(b) These minimum planning standards and procedures shall apply to all state owned or administered land that contains a protected river 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. 12-6-1et seq.)(c) Standards and requirements established in the Metropolitan Rivers Protection Act and the Erosion and Sedimentation Act are not superseded by River Corridor standards.(d) Affected local governments shall incorporate a River Corridor Protection Plan within their comprehensive plans on or before the date established by the Department of Community Affairs (DCA). For local government which have already submitted comprehensive plans to DCA, DCA shall establish a schedule for the review of a River Corridor Protection Plan.(4) Protection Criteria. (a) The River Corridor Protection Plan shall provide for the maintenance of a natural vegetative buffer except as otherwise provided herein.(b) The River Corridor Protection Plan shall not prohibit the building of single-family dwellings, including the usual appurtenances, within the buffer area, subject to the following conditions: 1. The dwelling shall be in compliance with all local zoning regulations.2. The dwelling shall be located on a tract of land containing at least two acres. For the purposes of these standards, the size of the tract of the land shall not include any area that lies within the protected river, (that is, for tracts of the lands that include portions of a protected river, the area between the river banks can not be counted towards the two acre minimum size).3. There shall be only one such dwelling on each two-acre or larger tract of land.4. A septic tank or tanks serving such a dwelling may be located within the buffer area.5. Septic tank drainfields shall not be located within the buffer area.(c) Within a river corridor, industrial and commercial land uses existing prior to the promulgation of a River Corridor Protection Plan are exempt from these criteria provided that: 1. Industrial and commercial uses of river corridors shall not impair the drinking quality of the river water; and2. Industrial and commercial activity within the river corridor shall meet all state and federal environmental rules and regulations.(d) Excepts as expressly provided for under section IV.B of these criteria (dealing with single-family dwellings within the river corridor), septic tanks and septic tank drainfields are prohibited within river corridors.(e) River Corridors Protection Plans shall provide for the construction of road crossings and utility crossings of river corridors, provided that construction of such road and utility crossings shall meet all requirements of the Erosion and Sedimentation Control Act of 1975, and of any applicable local ordinances on soil erosion and sedimentation control(f) River Corridor Protection Plans, developed by local governments, shall provide the following acceptable uses of river corridors, provided that such uses do not impair the long-term functions of the protected river or the river corridor: 1. Timber production and harvesting, subject to the following conditions: (i) Forestry activity shall be consistent with best management practices established by the Georgia Forestry Commission; and(ii) Forestry activity shall not impair the drinking quality of the river water as defined by the federal Clean Water Act, as amended.2. Wildlife and fisheries management activities consistent with the purposes of O.C.G.A. 12-2-8.3. Waste-water treatment.4. Recreational usage consistent either with the maintenance of a natural vegetative buffer or with river-dependent recreation. For example, a boat ramp would be consistent with this criterion but a hard-surface tennis court would not. Parking lots are not consistent with this criterion. Paths and walkways within the river corridor are consistent with this criterion.5. Natural water quality treatment or purification.6. Agricultural production and management, subject to the following conditions: (i) Agricultural activity shall be consistent with best management practices established by the Georgia Soil And Water Conservation Commission;(ii) Agricultural activity shall not impair the drinking quality of the river water as defined by the federal Clean Water Act, as amended; and(iii) Agricultural activity shall be consistent with all the state and federal laws, and all regulations promulgated by the Georgia Department of Agriculture.7. Other uses permitted by the Department of Natural Resources or under Section 404 of the Clean Water Act.(g) Handling areas for the receiving and storage of hazardous waste are prohibited within river corridors. Port facilities are exempted from this criterion provided that; 1. Port facilities shall meet all federal and state laws and regulations for the handling and transport of hazardous waste.2. Port facilities handling hazardous waste shall perform their operations on impermeable surfaces having spill and leak protection systems as prescribed by the Department of Natural Resources. (Note: this is the same criterion as set in the Department of Natural Resources Criterion for Water-Supply Watersheds for facilities which handle hazardous materials.)
(h) Hazardous waste or solid waste landfills are prohibited within river corridors.(i) Other uses unapproved by local government shall not be acceptable within river corridors.(j) Local governments may exempt the following from the River Corridor Protection Plans: 1. Land uses existing prior to the promulgation of a River Corridor Protection Plan.2. Mining activities, if permitted by the Department of Natural Resources pursuant to the Georgia Surface Mining Act of 1968, as amended.3. Utilities, (except as discussed above in Section IV.E) if such utilities cannot feasibly be located outside the buffer area (feasibility shall be decided conservatively by the local government), provided that: (i) The utilities shall be located as far from the river bank as reasonably possible;(ii) Installation and maintenance of the utilities shall be such as to protect the integrity of the buffer area as well as is reasonably possible; and(iii) Utilities shall not impair the drinking quality of the river water.4. Specific forestry and agriculture activities except as discussed above in Sections IV.F.1 and IV.F.6.(k) The natural vegetative buffer shall be stored as quickly as possible following any land-disturbing activity within the river corridor.(l) Except as noted above, all construction within the buffer area shall be prohibited.(5) Local Government Responsibilities: (a) Local government shall identify any protected river within their jurisdiction. The Department of Natural Resources will provide maps and technical guidance regarding protected rivers if and as available.(b) Local governments, which contain protected rivers within their jurisdiction, shall adopt River Corridor Protection Plans.(6) River Corridor Protection Plans: (a) River corridors shall be appropriately mapped and identified in the River Corridor Protection Plans.(b) River Corridor Protection Plan shall address, at a minimum, the following considerations with regards to river corridors: 1. The plans shall consider the effect of the activities in the river corridor on public health, safety, welfare, and the private property rights.2. The plans shall consider any characteristics of the river corridor that make it unique or significant in the conservation and movement 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 any activities within the river corridor on the function of the protected river and corridor including the flow and quality of the river water, erosion and shoaling of the river bed or margins, and to the navigability of the river.4. The plans shall consider the effect of activities in the river corridor on fishing or recreational use of river corridors.5. The plans shall consider whether the effect of activities in the river corridor are temporary or permanent in nature and, if temporary, the length of time 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 the river corridor.7. The plans shall consider the effect of activities within river corridors on immediately adjacent sensitive natural areas. The plans shall established the local government's policies regarding such adjacent sensitive natural areas rather than identifying specific sites.Ga. Comp. R. & Regs. R. 391-3-16-.04
O.C.G.A. Secs. 12-2-8, 50-8-7.1, 50-8-7.2.
Original Rule entitled "Criteria for River Corridor Protection" adopted. F. Dec. 20, 1991; eff Jan. 9, 1992.