Rule 391-3-16-.05 - Criteria for Mountain Protection(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); and5. 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. 50-8-1et 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.) 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; or4. 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. 12-16-1et 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; and2. 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.Ga. Comp. R. & Regs. R. 391-3-16-.05
O.C.G.A. Secs. 12-2-8, 50-8-7.1, 50-8-7.2.
Original Rule entitled "Criteria for Mountain Protection" adopted. F. Dec. 20, 1991; eff. Jan. 9, 1992.