(a)

This article provides for the protection of river corridors and the regulation of activities in or adjacent to those corridors; provides for the powers and duties of the county and other governmental entities; provides for goals, guidelines, practices, procedures, policies, rules, and regulations; provides for minimum standards for regulated activities within river corridors and their buffers which natural resources of the county are of vital importance to this county and its citizens; provides for enforcement; prohibits certain activities or actions; provides for civil and other penalties; repeals conflicting ordinances; and for other purposes.

(b)

The state has determined that its river corridors are of vital importance in that they help preserve those qualities that make a river suitable as a habitat for wildlife, a site for recreation, and a source for clean drinking water. River corridors are fragile natural resources subject to flood, erosion, soil-bearing capacity limitation, and other natural and human induced hazards. In their natural state, they serve multiple functions for pollution control, aquifer recharge and discharge, storage and passage of flood water, and erosion and sedimentation control, as well as wildlife habitat, education, scientific study, open space and recreation, and scenic and aesthetic beauty.

(c)

The Comprehensive Planning Act of 1989 provides for the development of coordinated and comprehensive planning by municipal and county governments. Such comprehensive plans shall consider the natural resources, environments, and vital areas within the jurisdiction of the local governments. Additionally, O.C.G.A. § 12-2-8 authorizes the department of natural resources to develop minimum planning standards and procedures for the protection of river corridors in the state and requires local governments to use these minimum standards in developing and implementing local comprehensive plans. The method mandated in O.C.G.A. § 12-2-8 for protecting river corridors is establishing a natural vegetative buffer bordering each protected river.

(Ord. of 7-6-99; Amd. of 4-4-2023(2), § 2101)

For purposes of this article, the terms listed below shall be defined as follows.

(a)

Board. Bulloch County Board of Commissioners.

(b)

Buffer or buffer area. A landscaped open area and/or screened area designed to separate incompatible uses. See also "river corridor."

(c)

Comprehensive plan. The Joint Comprehensive Plan for Bulloch County, the Town of Brooklet, the Town of Portal, and the Town of Register, Georgia, dated April 1993, and as may be amended.

(d)

Contaminant. Any "regulated substance," as defined by the federal Resource Conservation and Recovery Act, as in effect on the date of passage of this article and as amended from time to time, and all petroleum products, including gasoline, oil, waste oils, and other fuels as well as their hazardous constituents.

(e)

County. Bulloch County, Georgia.

(f)

Hazardous material. Any "contaminant" as defined in this article, and any hazardous chemical for which a material safety data sheet must be filed under 42 U.S.C. §§ 11021 and 11022.

(g)

Hazardous waste. Any solid waste which has been defined as a hazardous waste in regulations promulgated by the administrator of the United States Environmental Protection Agency according to federal act, which are in force and effect on February 1, 1988, codified as 40 CFR § 261.3.

(h)

Land-disturbing activity. Any activity which may result in soil erosion from water or wind and the movement of sediments into state waters or onto lands within the state, including, but not limited to, clearing, dredging, grading, excavating, transporting, and filling of land but not including agricultural practices as described in section 6.5-28, paragraph 5, of the Bulloch County Soil Erosion and Sedimentation Control Ordinance, 1992, as amended.

(i)

Land uses existing prior to the effective date of this article. Any land use or land disturbing activity, including all human endeavors directly associated with such use or activity, which falls within one of the following categories prior to the effective date of this article (July 6, 1999):

(1)

The use or activity is completed;

(2)

The use or activity is under construction;

(3)

The use or activity is fully approved by the county;

(4)

All materials for the use or activity have been submitted for approval by the county; or

(5)

The property is zoned for such use or activity and expenditures in excess of $2,500.00 have been made in preparation for construction in accordance with such zoning.

(j)

Natural vegetative buffer or buffer area. A river corridor containing the flora native to that area. Natural vegetative buffers are areas within 100 feet on either side of the banks of a protected river. The natural floras for specific areas are described in Georgia Geologic Survey Bulletin 114, "The Natural Environments of Georgia." Habitats for endangered and threatened species may require human management of the river corridor in order to maintain those species.

(k)

Perennial river. A river or section of a river that flows continuously throughout the year.

(l)

Person. Any individual, partnership, firm, association, joint venture, public or private corporation, trust, estate, commission, board, public or private institution, utility, cooperative, state agency, municipality, or other political subdivision of this state, any interstate body or any other legal entity.

(m)

Protected river. Any perennial river or watercourse with an average annual flow of at least 400 cubic feet per second as determined by appropriate U.S. Geological Survey documents. In the county, the Ogeechee River is a protected river.

(n)

Public utility or utilities. A service or services provided by a public utility company or a private entity which provides such service or services and including all equipment and structures necessary to provide such services.

(o)

River bank. The rising ground, bordering a river, which serves to confine the water to the natural channel during the normal course of flow.

(p)

River corridor. All land, including islands, not regulated under the Metropolitan River Protection Act, O.C.G.A. § 12-5-440 et seq., or the Coastal Marshland Protection Act, O.C.G.A. § 12-5-280 et seq., in areas of a protected river and being within 100 feet horizontally on both sides of the river as measured from the river banks. The 100-foot buffer shall be measured horizontally from the uppermost part of the river bank usually marked by a break in slope. Although not within the measured 100-foot wide buffer, the area between the top of the bank and the edge of the river shall be treated by local governments in the same manner as the river corridor. Because stream channels move due to natural processes such as meandering, river bank erosion, and jumping of channels, the river corridor may shift with time. For the purpose of this article, the river corridor shall be considered to be fixed at its position at the beginning of each review period for the local comprehensive plan as established by the department of community affairs. Any shift in the location of the protected river after the start of the review period will require a revision of the boundaries of the river corridor at the time of the next review by the department of community affairs.

(q)

Sensitive natural area. Any area, as identified now or hereafter by the department of natural resources, which contains one or more of the following:

(1)

Habitat, including nesting sites, occupied by rare or endangered species;

(2)

Rare or exemplary natural communities;

(3)

Significant landforms, hydroforms, or geological features; or

(4)

Other areas so designated by the department of natural resources, and which are sensitive to physical or biological alteration.

(r)

Single-family dwelling. A single residential detached building, manufactured home or site-built, designed for or containing one dwelling unit.

(s)

Surface mining. Any activity constituting all or part of a process for the removal of minerals, ores, and dimension stone, and other solid matter for sale or for processing or for consumption in the regular operation of a business.

(Ord. of 7-6-99; Amd. of 4-4-2023(2), § 2102)

The standards and procedures detailed in this article shall be applicable to unincorporated Bulloch County and all state owned or administered land. The protected river corridor applies to land adjacent to the Ogeechee River.

(Ord. of 7-6-99; Amd. of 4-4-2023(2), § 2103)

The following protection criteria shall apply within the river corridor:

(a)

A 100-foot natural vegetative buffer shall be maintained adjacent to the river corridor except as otherwise provided herein.

(b)

Septic tanks and septic tank drainfields are prohibited within the river corridor, except as provided in section 2105 of this article.

(c)

The natural vegetative buffer shall be restored as quickly as possible following any land-disturbing activity within the river corridor.

(Ord. of 7-6-99; Amd. of 4-4-2023(2), § 2104)

Unless otherwise prohibited in the zoning district in which the property is located, the following uses and activities shall be permitted within the river corridor:

(a)

Detached single-family dwellings and their customary appurtenances subject to the following conditions:

(1)

The dwelling and its customary appurtenances shall comply with all development standards for the particular zoning district in which the property is located (including lot size), building codes, and any other local regulations.

(2)

The dwelling must be located on a tract of land containing two acres. Where a tract includes any portion of the protected river, the area between the river banks cannot be counted towards the two-acre minimum tract size. (Note: The minimum lot size may be greater than two acres depending on the zoning district in which the property is located.)

(3)

Only one dwelling is permitted on each two-acre or larger tract.

(4)

Septic tank or tanks serving the dwelling may be located within the buffer.

(5)

Septic tank drainfields shall not be located within the buffer.

(b)

Construction of road crossings and utility crossings provided that the construction meets all requirements of the Erosion and Sedimentation Control Act of 1975, as amended, and any applicable local ordinances pertaining to soil erosion and sedimentation control.

(c)

Industrial and commercial land uses existing prior to the effective date of this article (July 6, 1999) are exempt from the protection criteria of this article, provided that:

(1)

The use of the river corridor does not impair the drinking quality of the river water; and

(2)

The activity within the river corridor meets all state and federal environmental rules and regulations.

(d)

Timber production and harvesting provided that the activity is consistent with the state forestry commission's best management practices and the activity does not impair the drinking quality of the river water as defined by the Clean Water Act, as amended.

(e)

Wildlife and fisheries management activities consistent with the purposes of O.C.G.A. § 12-2-8.

(f)

Waste water treatment.

(g)

Recreational usage consistent with either the maintenance of a natural vegetative buffer or with river-dependent recreation.

(h)

Natural water quality treatment or purification.

(i)

Agricultural production and management provided that the activity is consistent with the state soil and water conservation commission's best management practices and the activity does not impair the drinking quality of the river water as defined by the Clean Water Act, as amended. Additionally, the activity must be consistent with all other state and federal laws and state department of agriculture regulations.

(j)

Any other uses permitted by the department of natural resources or under § 404 of the Clean Water Act.

(Ord. of 7-6-99; Amd. of 4-4-2023(2), § 2105)

Irrespective of the zoning district in which the property is located, the following uses and activities shall be prohibited within the river corridor:

(a)

Hazardous waste or solid waste landfills, or construction and demolition (C&D) landfills.

(b)

Commercial or industrial uses that involve handling hazardous materials other than wastes.

(c)

Handling areas for the receiving and storage of hazardous waste.

(d)

Construction within the river corridor is prohibited unless permitted in section 2105 of this article.

(e)

Surface mining activities.

(f)

Any other use or activity not specifically permitted in section 2105 of this article.

(Ord. of 7-6-99; Amd. of 4-4-2023(2), § 2106)

Variances to the requirements of this article may be granted in accordance with section 411 of this appendix.

(Ord. of 7-6-99; Amd. of 4-4-2023(2), § 2107)

Penalties for violation of this article and the enforcement of this article shall be in accordance with sections 418 and 419 of this appendix.

(Ord. of 7-6-99; Amd. of 4-4-2023(2), § 2108)

Prior to the commencement of any development activities, the permitting process outlined in section 408 of this appendix must be followed.

(Ord. of 7-6-99; Amd. of 4-4-2023(2), § 2109)

(a)

Severability. If any section, subsection, sentence, clause, phrase or portion of this article is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions hereof.

(b)

Conflicting provisions. In the event of a conflict between the provisions of this article and any other provisions of this Code, including appendix C, the provisions of this article shall govern and the other conflicting provisions shall be deemed repealed insofar as they would otherwise apply to the subject of this article.

(c)

Effective date. This article shall take effect immediately upon its adoption.

(Ord. of 7-6-99; Amd. of 4-4-2023(2), § 2110)