STATE WATER BUFFER REQUIREMENTS DEMYSTIFIED (PART 1 OF 2)
What you need to know about state water buffers and why you need to know it
December 2009
Word Count: 971
Approximate Read Time: 4 Minutes
What is the first thought that pops into your mind when you hear the words “state water buffer” or “riparian zone”? I am sure it ranges from sustainable concepts like natural resource conservation and water quality, to construction considerations like “what does this buffer do to my site’s development envelope?” If we are honest, for some of us, the words “state water buffer” may bring about uncertainty, feelings of anger and disagreement because of property lost in the buffer, or even fear of penalties if we do not follow the letter of the law.
These negative feelings and fears are understandable knowing that state and local buffer ordinances can be wordy and confusing. Some property owners in particular may feel that the buffer requirements are too strict and thus limit a property’s development potential. Others in the design and construction communities may fear fines and other legal retribution due to lack of compliance with buffer regulations. For most people, it is not that they do not care about conserving natural resources and adhering to requirements; the inability to comply has more to do with a lack of understanding of the various statutes and the abundance of misinformation that has found its way into the development industry.
How does one clarify the misunderstandings and become better educated on the current regulations? To be honest, there is no one-stop solution in which to turn. However, there are a series of steps that will help bridge the education gap and make all of us more comfortable and knowledgeable when dealing with stream buffer issues.
The
first step is to understand what the State of Georgia classifies as “state waters” -
“Any and all rivers, streams, creeks, branches, lakes, reservoirs,
ponds, drainage systems, springs, wells, and other bodies of surface or subsurface water, natural or artificial, lying within or forming a part of the boundaries of the State which are not entirely confined and retained completely upon the property of a single individual, partnership, or corporation.”
Clear as mud? Have no fear- the Georgia Environmental Protection Division has published a very helpful
Field Guide that expounds on the state’s definition and provides helpful pictures and tips.
The
second step is to address the common misconceptions that are floating throughout the development community. Notions that suggest that state waters determinations are made based on the absence or presence of aquatic life, or that a property owner is exempt from buffer requirements because the stream originates on his or her property, are absolutely false. A
2004 memorandum, published by the Georgia Department of Natural Resources addresses the most prevalent misconceptions. Reading this document is sure to clear up a lot of confusion and lead to better site analysis and design decisions.
The
third step is to understand the regulations placed on state waters by local jurisdictions. In Georgia, many jurisdictions require additional buffers on top of the twenty-five foot state mandated buffer for warm water streams and fifty foot buffer for trout streams; the additional buffers range anywhere between twenty-five feet to one-hundred and fifty feet in certain overlay districts. It is best to meet with your local jurisdiction to review additional regulations or solicit the services of a design professional to assist with this.
The
fourth step is to realize that the majority of the water buffer regulations at the state and local level are needed. Over 800 studies have been done in recent years analyzing the benefits and requirements of riparian buffers. The consensus from these studies has found that a minimum water buffer of fifty feet is preferred, with one-hundred feet being ideal. These buffers go a long way towards filtering sediment, nitrates, phosphorus, and other pollutants that affect the quality of Georgia’s water. With this in mind, each project should be approached as an opportunity to design a profitable and attractive development, while limiting the impacts on state water bodies. Take solace in the fact that property within buffers is not wasted, but rather a useful tool for protecting our State’s water.
Answers to Frequently Asked Questions:
1. Who is qualified to classify state waters?
The Local Issuing Authority (LIA) is allowed to designate state waters. In
some cases, the local issuing authority may defer to the EPD for a
determination, but it is always best to start at the local level when soliciting a
determination.
2. Is it not better to move forward with my plans for improvements within the state water buffer and ask for forgiveness if I am caught?
Many lawsuits have come before the courts because a developer did not know the laws or because he or she chose to ignore them. Penalties for non-compliance can result in hefty fines, in the thousands of dollars,legal fees, and, in some cases, jail time. It is also within the EPD’s purview to place a three year moratorium for development if a stream buffer is encroached.
3. Where does the buffer begin? Is it the centerline of the water body?
The buffer line begins at the point of wrested vegetation. Simply put, this point is the demarcation line between water flow and vegetative growth.
4. Does it make sense for a uniform buffer to be applied along a state water?
This is an excellent question. A few recent studies have suggested that buffers should be calculated on a case by case basis. The thought process behind this is that each project is different because of variables such as property usage, amount of impervious surface, stormwater management controls on site, topography, soils, location in watershed, type of vegetation within the buffer, etc. It is possible that regulations will begin to move further and further away from a “one size fits all” water buffer regulation and make way for site specific calculations as we learn more about what makes for a successful riparian buffer.
In next month’s newsletter will feature part 2 of our in depth look at state water buffer regulations by taking a more detailed look at local, state, and federal agencies that have jurisdiction over state waters, and also summarize permitting options and procedures as they relate to encroachments, variances, etc.
Please feel free to contact our office with any comments or questions you may have.
Thank you for your time.
Georgia Civil, Inc.
Sites related to this topic that may be of interest to you:
Georgia EPD Website
Georgia’s State Water Plan
Riparian Buffer Fact Sheet
More Riparian Buffer Information