Land disturbing activities such as grading, dredging, excavating, and filling may pose special hazards to the environment with potential adverse impact on soil stabilization; creating erosion and increasing stormwater runoff. Trees moderate the effects of sun and wind, provide buffers and screens against noise and air pollution, filter out pollutants from the air, serve to reduce the hazard of flooding, and assist in the stabilization of soil and in the prevention of erosion.

It is the policy of this Commission to recognize and promote efforts, both nationally and locally, to conserve, develop and utilize our natural resources and to protect the atmosphere, land and waters from pollution, impairment or destruction, for the benefit, enjoyment, and general welfare of our citizens. Therefore, it is the intent and purpose of this chapter to prescribe regulations governing land disturbing and tree removal activities and the control of stormwater runoff to protect, preserve and enhance a valuable natural resource and to protect the health, safety and welfare of our citizens.

The administration and enforcement of this chapter shall be in accordance with the Erosion and Sedimentation Act of 1975, Georgia Laws 1975, p. 994, as amended; the Macon-Bibb County Planning and Zoning Commission having been designated under O.C.G.A. Section 12-7-4 to enforce its provisions.

(Amended June 25, 1990, ZA90-06-02)

The Macon-Bibb County Soil Erosion and Sedimentation Control Standards as adopted June 25, 1990 by the Commission (and any subsequent amendments thereto) shall govern any land disturbing activity undertaken within Macon-Bibb County except those items specifically exempted in said standards.

Notwithstanding, at such time Macon-Bibb County adopts ordinances or other legislation to address soil erosion and sedimentation and such standards* are certified by the Director of Environmental Protection Division of the Department of Natural Resources of the State of Georgia as the issuing authority and have in place an agreement with the Ocmulgee River Soil and Water Conservation District providing that the city or county can conduct, review and approve land disturbing applications without referring the application and plan to the district, these standards shall become null and void and the Commission will no longer monitor soil erosion controls.

(Amended June 25, 1990, ZA90-06-02)

* The words "such standards" were added by the editors.

[1]

Scope and exclusions. No person shall cut or otherwise destroy trees in Macon-Bibb County, except those exempted in Section III of the Macon-Bibb County Soil Erosion and Sedimentation Control Standards adopted by the Commission on June 25, 1990, or any exemptions set out by Macon-Bibb County under their soil erosion and sedimentation control standards, as they may adopt. For purposes of this section, a tree removal activity shall mean the removal or effective removal of a mass of trees, as opposed to selective thinning of trees in keeping with standard forestry practices. For the purpose of this definition, a tree shall be any hardwood or evergreen having a diameter of ten (10) inches or greater at breast height, (four and one-half (4½) feet). (Amended June 25, 1990, ZA90-06-02)

[2]

Application procedures:

(a)

Any person desiring a permit as required by this section shall submit an application and plan to the zoning enforcement officer. This plan shall indicate the limits of clearing of the proposed development. (Amended June 25, 1990, ZA90-06-02)

(b)

When tree removal is required by any development or land use requiring the submission of a site plan, or subdivision plan, the said plan and permit, upon approval, shall constitute a tree removal permit.

(c)

When the person seeking a tree removal permit is not required to file a site plan or subdivision plan, the applicant shall request a permit to allow tree removal.

[3]

Standards for review. Prior to modifying or rejecting the proposed limits of tree removal activity, the following factors shall be considered:

(a)

The extent to which the actual or intended use of the property, in accordance with the regulations of the zoning district in which the property lies, required land disturbance or the cutting down or destruction of trees.

(b)

The hardship to the applicant which will result from a modification or denial of the requested permit.

(c)

The desirability of preserving any tree by reason of its size, age, or some other outstanding quality, such as uniqueness, rarity or status as a landmark or species specimen. (Amended July 11, 2022, ZA22-001)

(d)

The extent to which the area would be subject to increased water runoff and other environmental degradation due to land disturbance or removal of the trees.

(e)

The heightened desirability of preserving tree cover in densely developed or densely populated areas.

(f)

The need for visual screening in transitional zones, or relief from glare, blight, commercial, industrial ugliness or any other affront to the visual sense in any part of the county.

(g)

The effect that changes in the natural grade will have on the trees to be preserved.

(h)

Whether the plan submitted will destroy no more trees than is reasonably necessary to achieve the proposed development.

[4]

Action on application:

(a)

The zoning enforcement officer may approve applications pursuant to this section for all permitted uses. The Commission will approve all other applications.

(b)

Applications may be approved in whole or in part and subject to such conditions or modifications as would preserve the intent of this section to include replacement of destroyed trees by other trees of the same or comparable species as those removed.

The Commission may require a performance bond, irrevocable letter of credit, or cash escrow deposit in such amount as the Commission may determine necessary to ensure compliance with these regulations for any land disturbance or tree removal activity.

(Amended June 25, 1990, ZA90-06-02)

Stormwater management plans shall be required for any project involving single-family attached units, unit developments, churches, multifamily developments, commercial developments, industrial developments and planned developments.

[1]

Application procedure:

(a)

Stormwater management plans shall be submitted to the city or county engineer for approval. These plans shall comply with the requirements set forth in Section 31.11[2] below.

(b)

The city or county engineer and/or the zoning enforcement officer may require that the plans be certified by a state registered civil engineer to ensure compliance with all regulations.

[2]

Standards for stormwater management:

(a)

A combination of storage and controlled release of stormwater runoff shall be required when the proposed development shall increase the peak rate of runoff by more than one (1) percent for a ten-year frequency storm;

(b)

Should the peak rate of stormwater runoff from the site exceed the permitted peak release rate, then on-site retention or detention shall be required. All retention or detention facilities shall be designed for all intensities up to and including twenty-five-year frequency for all duration of rainfall. The peak runoff rate from the site after the development shall not be greater than the permitted peak release rate; and

(c)

The live retention or detention storage to be provided shall be calculated on the basis of the twenty-five-year frequency rainfall, as published by the National Weather Service for the affected site. The retention or detention volume required shall be that necessary to handle the runoff of the twenty-five-year rainfall for any and all durations from the proposed development, less than that volume discharged during the same duration at the approved release rate as specified above.

[3]

Permit. A stormwater management plan approved by the city or county engineer shall constitute a permit that will satisfy the requirements of this section.

[4]

Termination date. Notwithstanding any provision contained in this Section 31.06 to the contrary, this section shall become null and void upon adoption of a storm water management ordinance by Macon-Bibb County.

(Added June 25, 1990, ZA90-06-02; Amended June 25, 1990, ZA90-06-02)

[1]

Intent. The intent of these regulations shall be to provide development standards for construction situated in ground water recharge areas and to meet the criteria for protection of groundwater recharge areas as established by the Georgia Department of Natural Resources.

[2]

Supplemental definitions: For the purpose of these regulations, the following definitions shall apply.

(a)

"Aquifer" means any stratum or zone of rock beneath the surface of the earth capable of containing or producing water from a well.

(b)

"DRASTIC" means the standardized system for evaluating groundwater pollution potential using the hydrogeologic settings described in U.S. Environmental Protection agency document EPA-600/87-035.

(c)

"Hazardous waste" means any substance listed as a hazardous constituent in regulations promulgated pursuant to the Federal Act by the Administrator of the United States Environmental Protection Agency which are in force and effect on February 1, 1992, codified as appendix VIII to C.F.R. Part 261 - Identification and Listing of Hazardous Waste.

(d)

"Pollution susceptibility" means the relative vulnerability of an aquifer to areas of the state into areas having high, medium and low ground-water pollution potential.

(e)

"Pollution susceptibility maps" means maps of relative vulnerability to pollution prepared by the Department of Natural Resources, using the DRASTIC methodology. Pollution susceptibility maps categorize the land areas of the State into areas having high, medium and low ground-water pollution potential.

(f)

"Recharge area" means any portion of the earth's surface, where water infiltrates into the ground to replenish an aquifer.

(g)

"Significant recharge areas" means those areas mapped by the Department of Natural Resources in Hydrologic Atlas 18 (1989 edition). Mapping of recharge areas is based on outcrop area, lithology, soil type and thickness, slope, density of lithologic contacts, geologic structure, the presence of karst, and potentiometric surfaces. Significant recharge areas are as follows:

(i)

In the Piedmont, rocks have little primary porosity, with most groundwater being stored in the overlying soils. The significant recharge areas are those with thicker soils. Field mapping indicates that thick soils in the Piedmont and Blue Ridge are characterized by a density of two (2) or more geologic contacts per four (4) square miles (source: 1976 1:500,000 Geologic Map of Georgia and slopes lower than eight (8) percent.)

(ii)

In the Coastal Plain, the significant recharge areas are the surface outcroppings of the large and extensively used drinking water aquifers (e.g., the Floridan, the Clayton, etc.) and soils having high permeability according to the 1976 1:750,000 Soils Association Map of Georgia.

[3]

The following criteria pursuant to O.G.C.A. 12-2-8 shall apply in significant recharge areas:

(a)

No permits for new sanitary landfills not having synthetic liners and leachate collection systems shall be issued.

(b)

No permits for the land disposal of hazardous wastes shall be issued.

(c)

All new facilities permitted or to be permitted to treat, store, or dispose of hazardous waste shall perform such operations on an impermeable pad having a spill and leak collection system.

(d)

New above-ground chemical or petroleum storage tanks, having a minimum volume of six hundred sixty (660) gallons, shall have secondary containment for one hundred ten (110) percent of the volume of such tanks or one hundred ten (110) percent of the volume of the largest tank in a cluster of tanks.

(e)

New agricultural waste impoundment sites shall be lined if they are within:

(i)

a high pollution susceptibility area;

(ii)

a medium pollution susceptibility area and exceed fifteen (15) acre-feet;

(iii)

a low pollution susceptibility area and exceed fifty (50) acre-feet in size.

As a minimum, the liner shall be constructed of compacted clay having a thickness of one-foot and a vertical hydraulic conductivity of less than 5×10 ^-7 cm/sec or other criteria established by the Natural Resources Conservation Service.

(f)

New dwellings, including single manufactured homes, served by a septic tank/drainfield system shall be on lots having minimum size limitations as follows, based on application of Table MT-1 of the DHR Manual (hereinafter DHR Table MT-1). The minimum set forth in Table MT-1 may be increased further based on consideration of other factors (set forth in Sections A through F) of the DHR Manual.

(i)

One hundred fifty (150) percent of the subdivision minimum lot size calculated based on application of DHR Table MT-1 if they are within a high pollution susceptibility area;

(ii)

One hundred twenty-five (125) percent of the subdivision minimum lot size calculated based on application of DHR Table MT-1 if they are within a medium pollution susceptibility area;

(iii)

One hundred ten (110) percent of the subdivision minimum lot size calculated based on application of DHR Table MT-1 if they are within a low pollution susceptibility area.

(g)

New manufactured home communities served by septic tank/drainfield systems shall have lots or spaces having minimum size limitations as follows, based on application of Table MT-2 of the DHR Manual (hereinafter DHR Table MT-2). The minimums set forth in Table MT-2 may be increased further based on consideration of other factors (set forth in sections A through F) of the DHR Manual.

(i)

One hundred fifty (150) percent of the subdivision minimum lot or space size calculated based on application of DHR Table MT-2 if they are within a high pollution susceptibility area.

(ii)

One hundred twenty-five (125) percent of the subdivision minimum lot or space size calculated based on application of DHR Table MT-2 if they are within a medium pollution susceptibility area.

(iii)

One hundred ten (110) percent of the subdivision minimum lot or space size calculated based on application of DHR Table MT-2 if they are within a low pollution susceptibility area.

(h)

Lots recorded prior to the adoption of this section and any preliminary plat filed with the Commission prior to the adoption of this section are exempt from the requirements of Section 31.07[3] (f) and (g).

(i)

No construction may proceed on a building or manufactured home to be served by a septic tank unless the Macon-Bibb County Health Department first approves the septic tank installation as meeting the requirements of the DHR Manual and (f), (g), and (h) above.

(j)

New facilities that handle hazardous materials of the types listed in Section 312 of the Resource Conservation and Recovery Act of 1976 (excluding underground storage tanks) and in amounts of ten thousand (10,000) pounds or more on any day, shall perform their operations on impervious surfaces and in conformance with any applicable federal spill prevention requirements and local fire code requirements.

(k)

Spray irrigation of wastewaters or the land spreading of wastewater sludge in areas having high pollution susceptibility shall be approved by the department of natural resources prior to the issuance of a zoning compliance permit for the intended use of property.

(l)

Permanent stormwater infiltration basins shall not be constructed in areas having high pollution susceptibility.

(m)

Exclusive of mining settling basins, new wastewater treatment basins shall have an impermeable liner in areas having high pollution susceptibility as required by the Georgia Department of Natural Resources.

(Added July 10, 2000, ZA00-07-01; Amended October 23, 2000, ZA00-10-01)

[1]

Intent. The wetlands in Macon-Bibb County, Georgia are indispensable and fragile natural resources with significant development constraints due to flooding, erosion, and soils limitations. In their natural state, wetlands serve man and nature. They provide habitat areas for fish, wildlife and vegetation; water quality maintenance and control; flood control; erosion control; natural resource education; scientific study; and open space and recreational opportunities. In addition, the wise management of forested wetlands is essential to the economic well being of many communities within the state of Georgia.

Nationally, a considerable number of these important resources have been lost or impaired by draining, dredging, filling excavating, building, pollution and other acts, piecemeal or cumulative losses will, over time, destroy additional wetlands damaging or destroying wetlands threatens public safety and the general welfare.

The purpose of these regulations is to promote wetland protection, while taking into account varying ecological, economic development, recreational and aesthetic values. Activities that may damage wetlands should be located on upland sites to the greatest degree practicable as determined through a permitting process.

[2]

Supplemental definitions.

(a)

"Wetlands" means those areas that are inundated or saturated by surface water or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of venation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas. The ecological parameters for hydrological conditions that involve temporary or permanent source of water to cause soil saturation.

(b)

"Generalized Wetlands Map" means the current U.S. Fish and wildlife Service National Wetlands Inventory maps for Macon-Bibb County, Georgia.

(c)

"Jurisdictional Wetland" means an area that meets the definitional requirements for wetlands as determined by the U.S. Army Corps of Engineers.

(d)

"Jurisdictional wetland determination" means a delineation of jurisdictional wetland boundaries by the U.S. Army Corps of Engineers, as required by section 404 of the Clean Water Act, 33 U.S.C. 1344, as amended.

(e)

"Regulated activity" means any activity which will, or which may reasonably expected to result in the discharge of dredge or fill material into the waters of the United States excepting those activities exempted in section 404 of the Clean Water Act.

[3]

Establishment of the Wetlands Protection District. The Wetlands Protection District is hereby established which shall correspond to all lands within the jurisdiction of Macon-Bibb County, Georgia that area mapped as wetlands by the U.S. Fish and Wildlife Service National Wetlands Inventory Maps. This map shall be referred to as the Generalized Wetlands map and is hereby adopted by reference and declared to be a part of these regulations, together with all explanatory matter thereon and attached thereto.

The Generalized Wetland Map does not represent the boundaries of jurisdictional wetlands within Macon-Bibb County, Georgia and cannot serve as a substitute for delineation by the U.S. Army Corps of engineers, as required by section 404 of the Clean Water Act, as amended. Any action under these regulations does not relieve the landowner from federal or state permitting requirements.

[4]

Protection criteria; requirement for local permit or permission. No regulated activity will be permitted within the Wetlands Protection District without permission or a permit from the Macon-Bibb County Planning and Zoning Commission. If the area proposed for development is located within fifty (50) feet of a Wetlands Protection District boundary, as determined by the zoning enforcement officer using the Generalized Wetlands Map, a U.S. Army Corps of Engineers determination shall be required. If the Corps determines that wetlands are present on the proposed development site, a local permit or permission will not be granted until a Section 404 permit or letter of permission is issued.

[5]

Permitted uses. The following uses are allowed as a right within the Wetlands Protection District to the extent that they are not prohibited by any other law or regulation, including the laws of trespass, and provided they do not require structures, grading, fill, draining, or dredging except as provided herein.

(a)

Conservation or preservation of soil, water, vegetation, fish, and other wildlife, provided it does not affect waters of Georgia or of the United States in such a way that would require an individual 404 Permit.

(b)

Outdoor passive recreational activities, including fishing, bird watching, hiking, boating, riding, and canoeing.

(c)

Forestry practices applied in accordance with Best Management Practices approved by the Georgia Forestry Commission and as specified in Section 404 of the Clean Water Act.

(d)

The cultivation of agricultural crops. Agricultural activities shall be subject to Best Management Practices approved by the Georgia Department of Agriculture.

(e)

The pasturing of live stock, provided that riparian wetlands are protected, that soil profiles are not disturbed and that approved agriculture Best Management Practices are followed.

(f)

Education, scientific research, and natural trails.

[6]

Prohibited uses. The following uses are not permitted within the Wetlands Protection District:

(a)

Receiving areas for toxic or hazardous waste or other contaminants; and

(b)

Hazardous or sanitary landfills.

(Added October 23, 2000, ZA00-10-02)

[1]

Intent. In order to provide for the health, safety, and welfare of the public and a healthy economic climate within Macon-Bibb County, Georgia and surrounding communities, it is essential that the quality of public drinking water be assured. The ability of natural systems to filter stormwater runoff can be threaten by unrestricted development. Land-disturbing activities associated with development can increase soil erosion and sedimentation that threatens the storage capacity of reservoirs. In addition, stormwater runoff, particularly from impervious surfaces, can introduce toxins, nutrients, into the water supplies, making water treatment more expensive and complicated and rendering water resources unusable for recreation. Industrial land uses that involve the manufacture, use, transport, and storage of hazardous or toxic waste materials result in the potential risk of contamination of nearby public drinking water supplies.

The purpose of these regulations is to establish measures to protect the quality and quantity of the present and future water supply of Macon-Bibb County, Georgia; to minimize the transport of pollutants and sediment to the water supply; and to maintain the yield of the water supply watershed. These regulations shall apply to all existing and proposed water supply watersheds within Macon-Bibb County, Georgia.

[2]

Supplemental definitions.

(a)

"Impervious surface" means a man-made structure or surface that prevents the infiltration of stormwater into the ground below the structure of the surface. Examples are buildings, roads, driveways, parking lots, decks, swimming pools and patios.

(b)

"Large water supply watershed" means a watershed containing one hundred (100) square miles or more of land within the drainage basin upstream of a governmentally owned public drinking water supply intake.

(c)

"Water supply reservoir" means a governmentally owned impoundment of water for the primary purpose of providing water to one or more governmentally owned public drinking water systems. This excludes the multipurpose reservoirs owned by the U.S. Army Corps of Engineers.

(d)

"Water supply watershed" means the area of land upstream of a governmentally owned public drinking water intake.

[3]

Establishment of a Water Supply Watershed District. The Ocmulgee Water Supply Watershed District is hereby designated and shall comprise the land that drains to the Town Creek Water Supply Intake located on the Ocmulgee River. The boundaries of this overlay is defined by the ridgelines of the respective watersheds and the boundary of a radius of seven (7) miles upstream of said public water supply intake. This overlay shall be further delineated and defined on the Water Supply Watershed Overlay District map of Macon-Bibb County, Georgia. The map is hereby incorporated into and made a part of these regulations by reference.

The following is hereby defined and the boundaries shall be identified on the Water Supply Watershed District Overlay Map. The Ocmulgee River water supply watershed district:

(a)

Is a large supply watershed;

(b)

Has a water supply intake for Macon-Bibb County, Georgia located on this river; and

(c)

Does not contain a water supply reservoir within the jurisdiction of the Macon-Bibb County Planning and Zoning Commission.

[4]

Protection criteria. New facilities, located within seven (7) miles of a water supply intake or water supply reservoir as defined herein, which handle hazardous materials of the types listed in Section 312 of the Resource Conservation and Recovery Act of 1976 (excluding underground storage tanks) and amounts of ten thousand (10,000) pounds or more on any one day, shall perform their operations on impervious surfaces and in conformance with any applicable federal spill prevention requirements or the requirements of the Standard Fire Prevention Code.

[5]

Exemptions. The following uses shall be exempted from the provisions of this section of the watershed protection regulations:

(a)

Land uses existing prior to the adoption of these regulations.

(b)

Mining activities permitted by the Department of Natural Resources under the Surface Mining Act.

(Added October 23, 2000, ZA00-10-03)