Stream Buffer Requirements
Level 1A: Fundamentals
Education and Certification for Persons
Involved in Land Disturbing Activities
Issued May 2009
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Overview
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What is a State Water?
Who determines State Waters?
Functions of State Water buffers
Stream buffer requirements
What if I need to do work within a State
Waters buffer?
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What is a State Water???
• According to the GA E&SC Act of 1975, “State
Waters” includes any and all rivers, streams,
creeks, branches, lakes, reservoirs, ponds,
drainage systems, springs, wells, and other
bodies of surface or subsurface water, natural or
artificial, lying within or forming a part of the
boundaries of the State, which are not entirely
confined and retained completely upon the
property of a single individual, partnership, or
corporation.
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State Waters
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Who determines State Waters?
• In areas where there is a certified local
issuing authority, State Waters
determinations are made by the issuing
authority.
• In areas where there is not a certified
issuing authority, GA EPD will confirm
State Waters and buffer delineations as
shown on ES&PC plans.
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Normal Stream Flow Definition
• Intermittent headwater streams with
base flow during any period of the year
will retain the 25-foot buffer protection
Base Flow: The rate of discharge of a
stream where the only contribution is
subsurface
• ES&PC plan preparers and determining
governments determine existence of
base flow, based upon site topography,
soils, and vegetation
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Defined Channel
Wrested Vegetation
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State Waters Shown on Plans
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Stream Buffers Rules
• Measured horizontally from point where
vegetation has been wrested by normal
stream flow or wave action
• 25 Feet - Warm Water streams*
• 50 Feet - Trout (cold) streams*
*Local issuing authorities may
require additional buffers!
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Trout Stream
• Primary Trout Waters – streams supporting a selfsustaining population of rainbow, brown, or brook trout as
indicated in the Rules and Regulations for Water Quality
Control, Chapter 391-3-6.
• Secondary Trout Waters- streams with no evidence of
natural trout reproduction but capable of supporting trout
throughout the year as indicated in the Rules and
Regulations for Water Quality Control, Chapter 391-3-6.
NPDES Permits under Definitions
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Coastal Areas
• Buffers for saltwater
marshes and tidally
influenced streams are
measured from the
marsh jurisdictional line
• Determined by the
Coastal Resources
Division of the GA DNR,
pursuant to the Coastal
Marshland protection
Act.
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Good Idea!
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Functions of Buffers
• Reduces storm runoff
velocities
• Acts as a screen for
“visual pollution”, reduces
construction noise
• Improves aesthetics on
the disturbed land
• Filters and increases
infiltration of runoff
• Cools rivers and streams
by providing shade
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Functions of Buffers
• Provides food and
cover for wildlife and
aquatic organisms
• Aids in flood
protection
• Protects channel
banks from scour and
erosion
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What if I need to work in the
buffer?
• The minimum 25’ or 50’ (Trout Streams)
undisturbed State Waters buffer shall be
maintained, except where the Director of GA
EPD determines to allow a variance that is at
least as protective of natural resources and the
environment.
• Variances may only be issued by GA EPD, not
by local issuing authorities.
• Be sure to obtain all necessary Federal permits
(U.S. EPA, U.S. Army Corps of Engineers)
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Activities exempt from stream
buffer variance requirements:
• Piping of small trout streams (average
annual flow < 25 gallons/minute)
• Water line, sewer line crossings within 25°
of the perpendicular
• Drainage structures on warm water
streams
• Roadway drainage structures on warm and
trout water streams
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Perpendicular Sewer Crossing
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Submitting for an GAEPD Stream
Buffer Variance
• Stream buffer variance application and checklist of
required information can be found at www.gaepd.org
click on Documents
Publications and Forms
Watershed Protection Branch
Erosion and
Sedimentation
• Recommend consulting design professional for
assistance with the variance process
• Contact Peggy Chambers, Michael Berry or Jean
Shepherd at (404) 675-6240 with stream buffer
questions.
• DNR Coastal Resources Division at
(912) 264-7218
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Submitting for an GA EPD
Stream Buffer Variance
• Within 60 days of receipt of a COMPLETE
buffer variance application, the Division
will either:
– Provide written comments to the applicant,
or
– Propose to issue a variance
• Public notice required
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Summary
• Buffers on state waters are valuable in
protecting and conserving land and water
resources.
• Some activities are exempt from stream
buffer requirements
– i.e. drainage structures, sewer crossings, etc.
• All non-exempt activities within a state
water buffer require a GAEPD stream
buffer variance
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Questions ?
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