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Since I am often asked about stream buffers and how they relate to land development and real estate valuations I thought I would take a few minutes to write a story about this subject.  The first thing one needs to know when addressing a stream buffer is what is the definition of a “stream”.  As far as most stream protection ordinances go it is defined just like you would think it would be…a stream is a stream… Right?  well in an effort to be accurate in this story even I am having second thoughts on my own definition as it relates to Fulton Counties Stream Buffer ordinance.  The important thing is if it is a USGS Blueline Stream then it is definitely going to be considered a “stream” (or at least in Cobb, Fulton, Dekalb and Gwinnett counties).

Here is Fulton Counties Definition:

Stream - means beginning at 1) the location of a spring, seep, or groundwater outflow that sustains flow; or 2) a point in the channel with a drainage area of 25 acres or more; or 3) where evidence indicates the presence of a stream in a drainage area of other than 25 acres, the Fulton County Department of Environment and Community Development may require field studies to verify the existence of a stream.

USGS Blueline Stream – means a perennial stream that is depicted on a United States Geological Survey (USGS) 7.5-minute quadrangle map (scale 1:24,000) with a solid blue line.

Here is a quick and dirty stream buffer analysis I just did the other day:

Using Fulton Counties GIS map I have taken a property that on the surface looks like it could be developed, but after overlaying 75 foot radius rings it becomes clear just how much of the land is unusable.  It is possible to get a variance, but this of course should be obtained before closing on a piece of property such as this for development because of the risks of not being granted the variance.

So the key being able to identify a “stream” and also being able to identify the correct buffer based on the county or city jurisdiction the subject property is in. 

While I always recommend reading the full text of any ordinance I might be having to comply with, here is a brief overview of a few counties here in Atlanta:

Cobb County: Minimum fifty-foot wide buffers are now required for all streams, increasing to as much as 200 feet depending on the contributing drainage area. Click Here for Cobb County Ordinance

Fulton County: North Fulton County shall require a minimum 50-foot undisturbed buffer on each side of the stream as measured from the top of bank. Streams in all watersheds within unincorporated South Fulton County shall require a minimum 75-foot undisturbed buffer on each side of the stream as measured from the top of bank. An additional 25-foot setback shall be maintained adjacent to the undisturbed buffer in which all impervious surfaces shall be prohibited. 

Click Here for the Full ARTICLE VII FULTON COUNTY STREAM BUFFER PROTECTION ORDINANCE

Fulton_County_Stream_Buffer_Variance_Procedures.html

Gwinnett County: The ordinance creates a 75’ buffer along both sides of a stream. There is a 50’ undisturbed area with an additional 25’ setback on impervious surfaces measured from the top of each stream bank. However Gwinnett’s has a few different rules so check them out by clicking here

Dekalb County: 50-foot undisturbed buffer and an additional 25-foot setback shall be maintained adjacent to the undisturbed buffer

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Atlanta Stream Buffer Ordinances and Their Application

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Since I am often asked about stream buffers and how they relate to land development and real estate valuations I thought I would take a few minutes to write a story about this subject.  The first thing one needs to know when addressing a stream buffer is what is the definition of a “stream”.  As far as most stream protection ordinances go it is defined just like you would think it would be…a stream is a stream… Right?  well in an effort to be accurate in this story even I am having second thoughts on my own definition as it relates to Fulton Counties Stream Buffer ordinance.  The important thing is if it is a USGS Blueline Stream then it is definitely going to be considered a “stream” (or at least in Cobb, Fulton, Dekalb and Gwinnett counties).

Here is Fulton Counties Definition:

Stream - means beginning at 1) the location of a spring, seep, or groundwater outflow that sustains flow; or 2) a point in the channel with a drainage area of 25 acres or more; or 3) where evidence indicates the presence of a stream in a drainage area of other than 25 acres, the Fulton County Department of Environment and Community Development may require field studies to verify the existence of a stream.

USGS Blueline Stream – means a perennial stream that is depicted on a United States Geological Survey (USGS) 7.5-minute quadrangle map (scale 1:24,000) with a solid blue line.

Here is a quick and dirty stream buffer analysis I just did the other day:

Using Fulton Counties GIS map I have taken a property that on the surface looks like it could be developed, but after overlaying 75 foot radius rings it becomes clear just how much of the land is unusable.  It is possible to get a variance, but this of course should be obtained before closing on a piece of property such as this for development because of the risks of not being granted the variance.

So the key being able to identify a “stream” and also being able to identify the correct buffer based on the county or city jurisdiction the subject property is in. 

While I always recommend reading the full text of any ordinance I might be having to comply with, here is a brief overview of a few counties here in Atlanta:

Cobb County: Minimum fifty-foot wide buffers are now required for all streams, increasing to as much as 200 feet depending on the contributing drainage area. Click Here for Cobb County Ordinance

Fulton County: North Fulton County shall require a minimum 50-foot undisturbed buffer on each side of the stream as measured from the top of bank. Streams in all watersheds within unincorporated South Fulton County shall require a minimum 75-foot undisturbed buffer on each side of the stream as measured from the top of bank. An additional 25-foot setback shall be maintained adjacent to the undisturbed buffer in which all impervious surfaces shall be prohibited. 

Click Here for the Full ARTICLE VII FULTON COUNTY STREAM BUFFER PROTECTION ORDINANCE

Fulton_County_Stream_Buffer_Variance_Procedures.html

Gwinnett County: The ordinance creates a 75’ buffer along both sides of a stream. There is a 50’ undisturbed area with an additional 25’ setback on impervious surfaces measured from the top of each stream bank. However Gwinnett’s has a few different rules so check them out by clicking here

Dekalb County: 50-foot undisturbed buffer and an additional 25-foot setback shall be maintained adjacent to the undisturbed buffer

| by Giles Stevens

5 Responses to “Atlanta Stream Buffer Ordinances and Their Application”

  1. Bill Says:

    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

  2. Giles Stevens Says:

    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.

  3. Developing Atlanta Says:

    […] My answer was “Wow good question”.  So if you are looking for the explanation of stream buffer rules in most of the major counties here in Atlanta Click here for an article that probably led to this person calling and asking the question. […]

  4. Kip Oldham Says:

    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.

  5. Daniel Mayer Says:

    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.

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