Rule 391-3-7-.04. Georgia Department of Transportation Minimum Requirements and Buffer Variance Criteria

1. (1) For road construction or maintenance projects disturbing one or more contiguous acres of land, the Georgia Department of Transportation must abide by and follow the minimum requirements set forth within O.C.G.A. § 12-7-6(a) and (b) and all requirements and procedures described in Sections 391-3-7-.05 and 391-3-7-.11.

2. (2) In addition to the criteria for buffer variances described in Rule 391-3-7-.05(2) and Rule 391-3-7-.11(2), variance applications will be reviewed by the Director for road construction and maintenance projects undertaken by the Georgia Department of Transportation only where the Georgia Department of Transportation provides reasonable evidence that impacts to the buffer have been avoided or minimized to the fullest extent practicable, the projects include required mitigation in accordance with the current EPD "Stream Buffer Variance Mitigation Guidance" document, and in the following cases:

   1. (a) The proposed land disturbing activity within the buffer is part of a project that will require a permit issued by the United States Army Corps of Engineers under Section 404 of the federal Water Pollution Control Act of 1972, as amended, or Section 10 of the Rivers and Harbors Act of 1899, contingent upon approval by the Corps of Engineers of that permit; provided, however, that adequate erosion control measures are incorporated into the project plans and specifications and such measures are fully implemented; or
   2. (b) The proposed land disturbing activity within the buffer is part of a project that is not eligible for a permit issued by the United States Army Corps of Engineers under Section 404 of the federal Water Pollution Control Act of 1972, as amended, and involves the piping, filling, or rerouting of waters that are not jurisdictional waters of the United States regardless as to whether or not such waters have been classified as primary or secondary trout waters.

Authority: O.C.G.A. § 12-7-1et seq.

History. Original Rule entitled "Erosion and Sediment Control Plans Required" adopted. F. Apr. 6, 1977; eff. Apr. 26, 1977.

Amended: F. July 16, 1981; eff. August 5, 1981.

Amended: Rule retitled "Erosion and Sedimentation Control Plan Requirements". F. Dec. 12, 1989; eff. Jan. 1, 1990.

Amended: F. Nov. 2, 2000; eff. Nov. 22, 2000.

Repealed: F. Nov. 5, 2003; eff. Nov. 25, 2003.

Adopted: New Rule entitled "Georgia Department of Transportation Minimum Requirements and Buffer Variance Criteria" adopted. F. May 10, 2022; eff. May 30, 2022.