§ 34-32. Exemptions.

This article shall apply to any land disturbing activity undertaken by any person on any land except for the following:

(1)

a.
Surface mining, as defined in O.C.G.A. § 12-4-72.

b.

Granite quarrying and land clearing for such quarrying.

c.

Such minor land disturbing activities as home gardens and individual home landscaping, repairs, maintenance work, and other related activities which result in minor soil erosion.

d.

The construction of single-family residences, when such are constructed by or under contract with the owner for his own occupancy, or the construction of single-family residences not a part of a platted subdivision, a planned community, or an association of other residential lots consisting of more than two lots and not otherwise exempted under this subsection; however, construction of any such residence shall conform to the minimum requirements as set forth in section 34-33. For single-family residence construction covered by the provisions of this subsection, there shall be a buffer zone between the residence and any state waters classified as trout streams pursuant to article 2 of chapter 5 of the Georgia Water Quality Control Act, O.C.G.A. § 12-5-20 et seq. In any such buffer zone, no land disturbing activity shall be constructed between the residence and the point where vegetation has been wrested by normal stream flow or wave action from the banks of the trout waters. For primary trout waters, the buffer zone shall be at least 50 horizontal feet, and no variance to a smaller buffer shall be granted. For secondary trout waters, the buffer zone shall be at least 50 horizontal feet, but the director may grant variances to no less than 25 feet. Regardless of whether a trout stream is primary or secondary, for first order trout waters, which are streams into which no other streams flow except for springs, the buffer shall be at least 25 horizontal feet; and no variance to a smaller buffer shall be granted. The minimum requirements of section 34-33 and the buffer zones provided by this section shall be enforced by the issuing authority.

e.

Agricultural operations as defined in O.C.G.A. § 1-3-3, to include raising, harvesting or storing of products of the field or orchard; feeding, breeding or managing livestock or poultry; producing or storing feed for use in the production of livestock, including but not limited to cattle, calves, swine, hogs, goats, sheep and rabbits or for use in the production of poultry, including but not limited to chicken, hens and turkeys; producing plants, trees, fowl or animals; the production of aquaculture, horticultural, dairy, livestock, poultry, eggs and apiarian products; forestry land management practices, including harvesting and farm buildings and farm ponds.

f.

Any project carried out under the technical supervision of the Natural Resources Conservation Service of the United States Department of Agriculture.

g.

Any project involving 1.1 acres or less; however, this exemption shall not apply to any land disturbing activity within 200 feet of the bank of any state waters; and for purposes of this subsection, "state waters" excludes channels and drainageways that have water in them only during and immediately after rainfall events and intermittent streams that do not have water in them year-round; however, any person responsible for a project which involves 1.1 acres or less, that involves land disturbing activity, and is within 200 feet of any such excluded channel or drainageway must prevent sediment from moving beyond the boundaries of the property on which such project is located; and further, nothing contained in this subsection shall prevent the issuing authority from regulating any such project which is not specifically exempted by subsection (1)a., b., c., d., e., f., h. or i. of this section.

h.

Construction or maintenance projects, or both, undertaken or financed in whole or in part, or both, by the department of transportation, the state highway authority, or the state tollway authority; or any road construction or maintenance project, or both, undertaken by any county or municipality; provided, such projects shall conform to the minimum requirements set forth in section 34-33.

i.

Any land disturbing activities conducted by any electric membership corporation or municipal electrical system or any public utility under the regulatory jurisdiction of the public service commission, provided that any such land disturbing activity shall conform to the minimum requirements set forth in section 34-33(b) and (c).

(2)

Where this section requires compliance with the minimum requirements set forth in section 34-33(b) and (c), issuing authorities shall enforce compliance with the minimum requirements as if a permit had been issued; and violations shall be subject to the same penalties as violations by permit holders.

(Ord. of 8-22-1995, § III)