Title 12, Chapter 5, Section 451
( 12-5-451)
This part shall not apply to the following uses: (1) Any land or water use for agriculture or animal husbandry as
defined in the ordinances adopted by the governing authority,
provided that a buffer of natural vegetation is maintained for a
distance of 50 horizontal feet from the bank of the watercourse; (2) Ordinary maintenance and landscaping operations, except for a
distance of 50 horizontal feet from the bank of the watercourse
and except for the removal of healthy trees over two inches
diameter breast height (DBH) anywhere in the stream corridor; (3) Any land or water use or project which, on March 16, 1973, is
approved, pending, or is completed, actually under construction,
or which is zoned for such use and where expenditures in excess of
$2,500.00 have been made in preparation for construction in
accordance with such zoning; provided, however, that the
construction of the project is actually commenced within 36 months
of March 16, 1973; otherwise, a certificate for the project must
be obtained pursuant to this part; (4)(A) With regard to any land included in the stream corridor
for the first time after March 1, 1983, any land or water use or
land-disturbing activity: (i) Which, on March 1, 1983, is completed, under construction,
fully approved by the governing authority, or for which all
requests for approval of construction are pending before the
governing authority; or (ii) Which is to be located on land which, on March 1, 1983,
is zoned for such use and where expenditures in excess of
$2,500.00 have been made in preparation for construction in
accordance with such zoning; provided, however, prior to March
1, 1984, construction of such land-disturbing activity must
have actually commenced and expenditures must have been made
in connection with such construction in excess of 10 percent
of the estimated cost of the total projected land-disturbing
activity, exclusive of the cost of the land, or in excess of
$100,000.00, exclusive of the cost of the land, whichever is
less; otherwise a certificate for the project must be obtained
pursuant to this part. (B) Upon request by the owner of any land included in the stream
corridor for the first time after March 1, 1983, the center
shall make a determination whether any land or water use or
land-disturbing activity on such land satisfies the conditions
set forth in this paragraph for exclusion from application of
this part. Any such request shall be accompanied by any
information concerning the land or water use or land-disturbing
activity as the center may reasonably request. If the center
determines that the land or water use or land-disturbing
activity fails to satisfy the conditions set forth in this
paragraph, the center shall state the reasons therefor. The
center shall be authorized to delegate this authority to its
executive director. If such delegation is made, any person
aggrieved by any such determination of the executive director
may appeal such determination to the center within 30 days of
the issuance of such determination; (5)(A) With regard to any land included in the stream corridor
for the first time on or after July 1, 1998, any land or water
use or land-disturbing activity: (i) Which on July 1, 1998, is completed, under construction,
fully approved by the governing authority, or for which all
requests for approval of construction are pending before the
governing authority; or (ii) Which is to be located on land which, on July 1, 1998, is
zoned for such use and where expenditures in excess of
$5,000.00 have been made in preparation for construction in
accordance with such zoning; provided, however, that prior to
July 1, 1999, construction of such land-disturbing activity
must have actually commenced and expenditures must have been
made in connection with such construction in excess of 10
percent of the estimated cost of the total projected
land-disturbing activity, exclusive of the cost of the land,
or in excess of $100,000.00, exclusive of the cost of the
land, whichever is less; otherwise a certificate for the
project must be obtained pursuant to this part. (B) Upon request by the owner of any land included in the stream
corridor for the first time on or after July 1, 1998, the center
shall make a determination whether any land or water use or
land-disturbing activity on such land satisfies the conditions
set forth in this paragraph for exclusion from application of
this part. Any such request shall be accompanied by any
information concerning the land or water use or land-disturbing
activity as the center may reasonably request. If the center
determines that the land or water use or land-disturbing
activity fails to satisfy the conditions set forth in this
paragraph, the center shall state the reasons therefor. The
center shall be authorized to delegate this authority to its
director. If such delegation is made, any person aggrieved by
any such determination of the director may appeal such
determination to the center within 30 days of the issuance of
such determination; or (6) Any land or water use or land-disturbing activity which is
undertaken or financed, in whole or in part, by the Department of
Transportation of the State of Georgia. |