The Chattahoochee River has been designated as a protected river by the Georgia Department of Community Affairs. From West Point Dam, the Chattahoochee River flows through the southwestern corner of Troup County to the West Point city limits. A Chattahoochee River Corridor Protection Plan has been adopted by Troup County. The purpose of the Chattahoochee River Corridor Protection District is to establish measures to guide future growth and development in the areas adjacent to the Chattahoochee River.

The following definitions are applicable only to the Chattahoochee River Corridor Protection District:

(1)

Buffer: A natural or enhanced vegetated area located adjacent to a protected river and containing flora native to that area.

(2)

Hazardous Material: Any substance defined as hazardous material by the Georgia Department of Natural Resources pursuant to O.C.G.A. § 12-8-60 et seq.

(3)

Hazardous Waste: Includes those solid and liquid wastes or combinations thereof that may cause or contribute to an increase in mortality or an increase in serious, irreversible, or incapacitating reversible illness, or which pose a substantial threat to human health when improperly handled.

(4)

Land Disturbing Activity: Any operation that involves excavation or filling of land; clearing of vegetation; and construction, rebuilding, or alteration of an existing structure. Land disturbing activity does not include ordinary maintenance and landscaping activities; yard and grounds maintenance; individual home gardens; repairs or minor modifications to a single-family residence; or the cutting of firewood for personal use.

(5)

Natural Vegetated Area: An undeveloped area largely free from human disturbance where naturally occurring vegetation is allowed to remain undisturbed or is enhanced and maintained by human intervention. Activities specifically allowed in such an area include:

a.

Conservation or preservation of soil, water, vegetation, fish, shellfish, and other wildlife.

b.

Outdoor recreational activities including hunting, fishing, trapping, bird watching, hiking, boating, horseback riding, swimming, canoeing, skeet and trap shooting, education, scientific research, and nature trails.

c.

Maintenance or repair of lawfully located roads, structures, and utilities used in service of the public, provided that the work is conducted using best management practices to ensure that negative effects on the previous nature of the land shall be minimized.

d.

Limited excavating, filling, and land disturbance necessary for the repair and maintenance of structures necessary to the uses permissible in the area as above.

The natural and historic resources section of the Troup County comprehensive plan addresses the need for protection of the land adjacent to the Chattahoochee River. This protection is required by the Georgia Department of Community Affairs; the Georgia Department of Natural Resources provided minimum criteria. In December, the Troup County board of commissioners adopted the Chattahoochee River Corridor Protection Plan, which is a regional plan prepared by the Regional Commission. This plan commits the county to the adoption of protection measures per DNR Rule 391-3-16-04. The area of Troup County covered by this article is relatively small. The criteria are applied to the land within 100 feet of both banks of the Chattahoochee River. On the current tax maps, this involves 11 parcels, only one that will be nonconforming.

The district will be an overlay zone, like the Quality Development Corridor Overlay District (QDC). The following restrictions will apply, in addition to the underlying zoning requirements:

(1)

Several uses are not allowed, including hazardous waste and solid waste landfills.

(2)

A single-family dwelling requires two acres, and septic tank drainfields may not be located within 100 feet of the river bank.

(3)

An undisturbed vegetative buffer must be maintained within 100 feet of the river bank.

(4)

Property may not be rezoned to commercial or industrial zones because such uses are prohibited. All land is currently zoned lakeside residential (L-100).

(5)

Nonconforming Use: A land-use activity, building, or structure legally established prior to adoption of this article, or subsequent amendment to it, that would not otherwise be permissible under the provisions of this article.

(6)

A district that applies supplementary regulations to land previously classified as belonging to a specific zoning district or land-use category.

(7)

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.

(8)

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

(9)

River Corridor: All land, inclusive of islands, in areas of a protected river, which serves to confine the water to the natural channel during the normal course of flow. Because stream channels move due to natural processes, the river corridor may shift with time. For the purpose of these standards, the river corridor shall be considered to be fixed at its position at the time of adoption of the river corridor protection plan. Any shift in the location after that time will require a revision of the boundaries of the river corridor at the time of comprehensive plan review by the department of community affairs.

(10)

River Corridor Protection Plan: That part of the local comprehensive plan which deals with the river corridor protection requirements specified herein.

(11)

Sensitive Natural Areas: Any area, as identified now or hereafter by the Department of Natural Resources, which contains one or more of the following:

a.

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

b.

Rare or exemplary natural communities;

c.

Significant landforms, hydroforms, or geological features; or

d.

Other areas so designated by the Department of Natural Resources; and which is sensitive or vulnerable to physical or biological alteration.

(12)

Setback Measurements: The measurement for buffer area which shall be measured horizontally from the uppermost part of the river bank, usually marked by a break in the slope.

(13)

Single-Family Dwelling: A dwelling structure that is designed for the use of one family.

(14)

Utility: Public or private water or sewer piping systems, water or sewer pumping stations, electric power lines, fuel pipelines, telephone lines, roads, driveways, bridges, river/lake access facilities, stormwater systems, and railroads.

The Chattahoochee River Corridor Protection District is hereby designated and shall comprise the land within 100 feet horizontally on both sides of the Chattahoochee River, which has been designated as a protected river by the Georgia Department of Community Affairs. The boundary shall be set at places readily identifiable on the zoning map of Troup County. The district establishes measures to guide future growth and development in areas adjacent to the Chattahoochee River. Because these protective measures allow some latitude with land uses and because the district is not intended to prescribe a specific land use but rather to define a range of acceptable land uses, the district is designed as an overlay district. Within the range of land uses which can be located within the district, there are established in section 5 protection criteria which apply to development within the district.

Unless otherwise noted in this article, the regulations of the underlying zoning district shall be maintained and not affected.

(1)

All development within the Chattahoochee River Corridor shall maintain a natural vegetative buffer except as otherwise provided herein.

(2)

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

(3)

Except as noted below, all construction within the buffer area is prohibited.

(4)

Exemptions from protection requirements:

(a)

Single-family dwellings, including the usual appurtenances, may be constructed within the buffer area subject to the following conditions:

(1)

The dwelling shall be in compliance with all local zoning regulations.

(2)

The dwelling shall be located on a parcel of land containing at least two acres. For the purpose of these standards, the size of the parcel shall not include any area within the protected river (that is, for parcels that include the area between the river banks, that portion cannot be counted towards the two-acre minimum size).

(3)

There shall be only one such dwelling on each two-acre or larger parcel of land.

(4)

A septic tank or tanks serving such a dwelling may be located within the buffer area. However, the septic tank drainfields shall not be located within the buffer area.

(b)

Construction of road crossings and utility crossings of river corridors are exempt provided that construction of such road and utility crossings shall meet all requirements of the Erosion and Sedimentation Control Act of 1975, and of the applicable local ordinances on soil erosion and sedimentation control.

(c)

Land uses existing prior to the promulgation of the Chattahoochee River Protection Plan subject to the following conditions:

(1)

Industrial and commercial uses of river corridors shall not impair the drinking quality of the river water; and

(2)

Industrial and commercial activity within the river corridor shall meet all state and federal environmental rules and regulations.

(d)

Mining activities, if permitted by the Department of Natural Resources pursuant to the Georgia Surface Mining Act of 1968, as amended.

(e)

Utilities, (except as discussed above in section 5.4.b.[20.5(4)b.]) if such utilities cannot feasibly be located outside the buffer area (feasibility shall be decided conservatively by the local government), provided that:

(1)

The utilities shall be located as far from the river bank as reasonably possible;

(2)

Installation and maintenance of the utilities shall be such as to protect the integrity of the buffer area as well as is reasonably possible; and

(3)

Utilities shall not impair the drinking quality of the river water.

(f)

Specific forestry and agricultural activities except as discussed in section 5.4.g.[20.5(7)d.].

(g)

The following acceptable uses of river corridors are allowed, provided that such uses do not impair the long term functions of the protected river or the river corridor.

(1)

Timber production and harvesting, subject to the following conditions:

a.

Forestry activity shall be consistent with best management practices established by the Georgia Forestry Commission; and

b.

Forestry activity shall not impair the drinking quality of the river water as defined by the Federal Clean Water Act, as amended.

(2)

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

(3)

Wastewater treatment.

(4)

Recreational usage consistent either with the maintenance of a natural vegetative buffer or with river-dependent recreation. For example, a boat ramp would be consistent with this criterion but a hard-surfaced tennis court would not. Parking lots are not consistent with this criterion. Paths and walkways within the river corridor are consistent with this criterion.

(5)

Natural water quality treatment or purification.

(6)

Agricultural production and management, subject to the following conditions:

a.

Agricultural activity shall be consistent with best management practices established by the Georgia Soil and Water Conservation Commission;

b.

Agricultural activity shall not impair the drinking quality of the river water as defined by the Federal Clean Water Act, as amended; and

c.

Agricultural activity shall be consistent with all state and federal laws, and all regulations promulgated by the Georgia Department of Agriculture.

(7)

Other uses permitted by the Department of Natural Resources or under section 404 of the Clean Water Act.

Within the Chattahoochee River Corridor Protection District, the following limitations on permissible uses shall apply in addition to the regulations of the underlying zoning district:

(1)

Except as expressly provided for under section 5.4.a.[22.7(4)(a)] of these criteria (dealing with single-family dwellings within the river corridor), septic tanks and septic tank drainfields are prohibited within river corridors.

(2)

Handling areas for the receiving and storage of hazardous waste are prohibited within river corridors.

(3)

Hazardous waste or solid waste landfills are prohibited within river corridors.

(4)

Other uses unapproved by local governments shall not be acceptable within river corridors.