§ 26-533. Land disturbance permit procedures.

Jurisdictional wetlands shall be protected according to the regulation of the State of Georgia, COE, Environmental Protection Agency and all other applicable state and federal regulations. Under current federal law and state policy, alterations or degradation of wetlands should be avoided unless it can be demonstrated that there will be no long-term impacts or net loss of wetlands. Any unavoidable degradation or loss must be mitigated through the restoration, creation, enhancement or preservation of other waters of the United States.

If the applicant can provide to the director a valid COE wetlands delineation that verifies that the proposed activity is not located within jurisdictional wetlands, or if the applicant can provide a valid COE permit or letter that authorizes the proposed activity within jurisdictional wetlands, then the director shall follow current procedures for issuing a land disturbance permit. If such evidence of compliance with COE permitting requirements is not provided, then the procedures are as follows:

(1)

The director shall consult the generalized wetlands map to assess whether the proposed activity is located in the Wetlands Protection District or within 100 feet of the Wetlands Protection District.

(2)

Prior to the issuance of a land disturbance permit, the director shall require the applicant to submit the Fulton County Certification/Indemnification for Federally Designated Wetlands form (see Wetland Protection Procedures: For All Projects Contemplating Alteration or Degradation of Wetland Areas) as verification of whether or not jurisdictional wetlands are located within the parcel proposing a land disturbance activity and if any impacts to the wetlands are being proposed:

a.

If the director determines that the proposed activity is of a type that could not result in a disturbance of wetlands or if the proposed activity is not located in the Wetlands Protection District or within 100 feet of the Wetlands Protection District, the director shall follow current procedures for issuing a land disturbance permit.

b.

If the director determines that the proposed activity is located in the Wetlands Protection District or within 100 feet of the Wetlands Protection District and that the proposed activity is of a type that could result in a disturbance of wetlands, a COE jurisdictional wetlands determination shall be required prior to issuance of a land disturbance permit.

c.

If the COE determines that a permit or letter of permission is required, a land disturbance permit shall be issued only following issuance of a COE permit or letter of permission. If the COE determines that the proposed activity would not require a COE permit or letter of permission, the director shall proceed with current procedures for issuing a land disturbance permit based on documentation of the COE determination. If the COE determines that wetlands mitigation is required, the applicant shall perform mitigation in unincorporated Fulton County, unless such action conflicts with the direction of COE.

d.

If under any of the provision of this section a conflict occurs between the director and the applicant with regards to the proposed activity being a type that could result in a disturbance of wetlands, the applicant shall provide the director with the appropriate COE documentation to resolve the conflict.

(Ord. No. 02-0711, § 7, 6-19-02)