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October 1st, 2007 at 9:32 pm
A few notes on DeKalb Stream Buffers: The state controls an undisturbed 25 foot buffer measured from the point of wrested vegetation on the bank. The county controls a separate 50 foot undisturbed buffer beyond that.
DeKalb Dev provides broad administrative variances, allowing some developers to use as much of the 50 foot buffer however they choose even though DeKalb code only allows variances for certain land uses, including stormwater channels, trails, and utility or road crossings.
Of course DeKalb’s definition of “undisturbed” is disturbing to say the lease. It must remain undisturbed until all land disturbance activity is complete, then it can be graded up to the 25 foot state buffer. So much for undisturbed buffers in DeKalb.
The state (Ga EPD) can provide a variance to encroach on its 25 feet if a developer needs to do something like cross the stream with utilities or pipe over streams for building. Luckily, the state is less charitable with its variances.
Unfortunately, DeKalb County is responsible for inspecting and enforcing the state 25 foot buffer as well. The county even allows developers to “thin out” the state’s buffer as long as enough vegetation is left to shade the stream.
Bill Draper
October 1st, 2007 at 10:07 pm
Thanks for Stopping by and commenting Bill… I hold your opinion highly and regretfully agree with you. Dekalb County along with many other counties lack the much needed enforcement of these rules. It is one thing to put rules in place but it is quite another to enforce them.
What makes matters worse is that when you let a few people slide by it encourages others to try to bend the rules. If it was a level playing field of the rules applying to everyone it would seem to me to be a much better system.
January 23rd, 2008 at 10:09 pm
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January 24th, 2008 at 12:41 pm
Giles,
I also think it should be noted that stream buffers can get even larger if the water flows to or is with a protected basin area. I have run into projects where the buffers required, both undisturbed and unbuilt have rendered a property un-developable and thereby drastically reduced its value. There are a number of law suits against jurisdictions that have these situations and to my knowledge the rulings have been on both sides of the issue. Like you said, no real clear answers.
February 21st, 2008 at 11:23 pm
I looked on the web and couldn’t find any answers about whether or not a landowner can clear a narrow (no wider than 4 feet) footpath within the 25 foot state mandated stream buffer. I’d also like to know if landowner can build a boardwalk over a permeable base up to the 25 foot buffer. I’m especially interested in the rules for DeKalb County.