Title 12, Chapter 5, Section 442
( 12-5-442)
(a) The General Assembly finds that adequate supplies of clean water
for drinking and other purposes constitute the lifeblood of the
great metropolitan areas of this state and are, therefore, essential
to the health, welfare, and economic progress of the state; that
development adjacent to major streams in certain metropolitan areas
requires special regulation to provide adequate protection for
public water supplies; that siltation and urban runoff threaten such
water supplies; that flood plain development unnecessarily exposes
life and property to loss by flooding while increasing flood risks
for other areas; that over-intensive development adjacent to major
streams increases the frequency and severity of such flooding; that
it is in the public interest to avoid future flood damage and
possible loss of life, to control erosion and pollution, and to
protect the water quality of major streams in certain metropolitan
areas. (b) The General Assembly finds that the stream corridors of major
streams in certain metropolitan areas as set forth in this part are
vital areas within the meaning of Article III, Section VIII,
Paragraph IIIA of the Constitution of the State of Georgia of 1976
and Article III, Section VI, Paragraph II of the Constitution of the
State of Georgia of 1983. The purpose of this part is to provide a
method whereby political subdivisions in certain metropolitan areas
shall utilize the police power of the state, in accordance with a
comprehensive plan, to protect consistently the water quality of any
major stream, the public water supplies of such political
subdivision and of the area, recreational values of the major
stream, and private property rights of landowners; to prevent
activities which contribute to floods and flood damage; to control
erosion, siltation, and intensity of development; to provide for the
location and design of land uses in such a way as to minimize the
adverse impact of development on the major stream and flood plains;
and to provide for comprehensive planning for the stream corridor in
such areas. (c) The General Assembly finds that certain political subdivisions
in the included area have in force certain flood plain and sediment
control ordinances that afford adequate protection for the
aforementioned problems. Nothing in this part shall be construed so
as to make those local political subdivision ordinances less
stringent than they are now. (d) The General Assembly intends to authorize and require political
subdivisions in any such area to enforce this part so as to protect
the watercourse and the adjacent stream corridor. The General
Assembly further intends that the state have the authority to
enforce this part if the appropriate political subdivisions have
failed or refused to do so and if the public interest requires it. |