Erosion Control and Stormwater Management

Article 10. Erosion Control and Stormwater Management  Page TOC-1 
 Erosion Control and Stormwater Management 
TABLE OF CONTENTS 
 
  EROSION CONTROL AND STORMWATER MANAGEMENT........................................ 10-1 
  Standards Incorporated by Reference. ........................................................................ 10-1 
1001.01  Stormwater Management. ........................................................................................................................ 10-1 
1001.02  Owner Responsibilities. .............................................................................................................................. 10-1 
DIVISION 1.    SOIL EROSION, SEDIMENTATION AND POLLUTION CONTROL ORDINANCE. ......... 10-1 
  Purpose and Intent. ........................................................................................................ 10-1 
  Definitions Related to Erosion, Sedimentation and Pollution Control. ................... 10-1 
  Exemptions. ..................................................................................................................... 10-5 
1004.01  Applicable exemptions. ............................................................................................................................. 10-5 
  Minimum Requirements for Erosion, Sedimentation and Pollution Control Using 
Best Management Practices. .................................................................................................................... 10-7 
1005.01  General Provisions. ...................................................................................................................................... 10-7 
1005.02  Minimum Requirements/BMPs............................................................................................................... 10-7 
1005.03  Required Protections. ................................................................................................................................. 10-8 
  Application and Permitting Process. ......................................................................... 10-10 
  Inspection and Enforcement. ..................................................................................... 10-10 
1007.01  Inspection and Enforcement Responsibilities and Processes. .................................................. 10-10 
  Penalties and Incentives. ............................................................................................ 10-11 
1008.01  Failure to Obtain a Permit for Land-Disturbing Activity. ............................................................ 10-11 
1008.02  Stop-Work Orders. .................................................................................................................................... 10-11 
1008.03  Bond Forfeiture. .......................................................................................................................................... 10-12 
1008.04  Monetary penalties .................................................................................................................................... 10-12 
  Education and Certification. ....................................................................................... 10-12 
1009.01  Education and Certification Requirements. ..................................................................................... 10-12 
  Administrative Appeal. ............................................................................................... 10-13 
1010.01  Administrative Remedies. ....................................................................................................................... 10-13 
1010.02  Administrative Appeal. ............................................................................................................................. 10-13 
  Liability. ........................................................................................................................ 10-13 
1011.01  Liability Standards. ..................................................................................................................................... 10-13 
DIVISION 2.    STORMWATER MANAGEMENT. .................................................................................. 10-14 
  Purpose and Intent. ..................................................................................................... 10-14 
  Applicability and Exemptions. ................................................................................... 10-14 
1013.01  Applicability. ................................................................................................................................................. 10-14 

Article 10. Erosion Control and Stormwater Management  Page TOC-2 
02  Exemptions. .................................................................................................................................................. 10-14 
  Stormwater Management Facilities. ......................................................................... 10-14 
01  Development Plan Requirements. ....................................................................................................... 10-14 
02  Standards for Stormwater Management. ......................................................................................... 10-14 
03  Stormwater Detention Facility Location Criteria. ........................................................................... 10-15 
04  Stormwater Detention Facility Easement Requirements. ........................................................... 10-16 
05  Stormwater Detention Facility Design Considerations. .............................................................. 10-16 
06  Alternate Structural Stormwater Controls. ....................................................................................... 10-17 
07  Modifications for Off-Site Facilities .................................................................................................... 10-17 
  Maintenance and Inspection of Stormwater Facilities and Practices. ................... 10-18 
01  Responsibility for Maintenance. ........................................................................................................... 10-18 
02  Local Jurisdiction Inspection Authority. ............................................................................................ 10-18 
03  Maintenance Records Requirements. ................................................................................................ 10-19 
04  Failure to Maintain. .................................................................................................................................... 10-19 
05  Stormwater management facility maintenance agreement ...................................................... 10-19 
DIVISION 3. DAMS ................................................................................................................................. 10-19 
  Dams. ............................................................................................................................ 10-19 
01  Existing Dams. ............................................................................................................................................. 10-20 
02  Existing Category I Dams. ....................................................................................................................... 10-20 
03  Existing Category II Dams. ...................................................................................................................... 10-20 
04  New Dams Which Become Subject to the Requirements of the Georgia Safe Dams Act 
and Rules for Dam Safety. ............................................................................................................................................. 10-20 
05  New Dams Subject to Regulation by Harris County. ................................................................... 10-21 

Article 10. Erosion Control and Stormwater Management Page 10-1

Erosion Control and Stormwater Management

Article 10 contains the requirements that relate to the impact of rainfall events on the natural and manmade

environment, including the erosion and siltation effects of site grading and land disturbance activities and

the control of stormwater flows and dams.

Standards Incorporated by Reference.

1001.01 Stormwater Management.

The design, construction, operation and maintenance of the stormwater system, including

stormwater detention facilities and all conveyances whether piped or open, shall conform to the

provisions of the Georgia Stormwater Management Manual, published August 2001 and as may

be amended by local addenda of Harris County from time to time, or as periodically updated or

expanded based on improvements in science, engineering, monitoring or local maintenance

experience.

1001.02 Owner Responsibilities.

Any property where erosion problems are resulting in sedimentation or where sediment leaves

the property is in violation of this Development Code, regardless of whether construction activity

is occurring or whether a permit has been issued.

(a) Proper notice shall be considered a notice of the violation mailed via certified mail to the

property owner’s address on record with the Tax Assessor’s office on the date of the

violation.

(b) Once proper notice has been issued, the property owner shall have five days to correct

this violation.

DIVISION 1. SOIL EROSION, SEDIMENTATION AND POLLUTION CONTROL ORDINANCE.

Purpose and Intent.

The purpose of this Division is to control erosion and sedimentation by requiring proper

provisions for storm water runoff and the protection of soil surfaces during and after any land

disturbing activity so as to promote the safety, public health and general welfare of the people

of Harris County.

Definitions Related to Erosion, Sedimentation and Pollution Control.

The following words, terms and phrases, when used in this article, shall have the meanings

ascribed to them in this section, except where the context clearly indicates a different meaning.

For additional definitions that applicable to entire Development Code and not just this Division,

see Article 13 (Glossary) of this Development Code.

Best Management Practices (BMP’s)-Erosion and Sedimentation Control: These include sound

conservation and engineering practices to prevent and minimize erosion and resultant

sedimentation, which are consistent with, and no less stringent than, those practices contained

in the Manual for Erosion and Sediment Control in Georgia published by the Commission as

of January 1 of the year in which the land-disturbing activity was permitted.

Board (DNR): The Board of the Georgia Department of Natural Resources.

Article 10. Erosion Control and Stormwater Management Page 10-2

Buffer: The area of land immediately adjacent to the banks of state waters in its natural state of

vegetation, which facilitates the protection of water quality and aquatic habitat. (Stream Buffer)

Certified Personnel (GSWCC): A person who has successfully completed the appropriate

certification course approved by the Georgia Soil and Water Conservation Commission

(GSWCC).

Commission (GSWCC): The Georgia Soil and Water Conservation Commission (GSWCC).

CPESC: Certified Professional in Erosion and Sediment Control with current certification by

EnviroCert, Inc., which is also referred to as CPESC or CPESC, Inc.

Cut: A portion of land surface or area from which earth has been removed or will be removed

by excavation; the depth below original ground surface to the excavated surface. Also known

as “excavation.”

Department: The Georgia Department of Natural Resources (DNR).

Design Professional: A Professional licensed by the State of Georgia in the field of: engineering,

architecture, landscape architecture, forestry, geology, or land surveying; or a person that is a

Certified Professional in Erosion and Sediment Control (CPESC) with a current certification by

EnviroCert, Inc. Design Professionals shall practice in a manner that complies with applicable

Georgia law governing professional licensure.

Development Land Disturbance Permit: The authorization necessary to initiate and conduct a

land-disturbing activity and to carry out the planned development of land and structures.

Director (EPD): The Director of the Environmental Protection Division or an authorized

representative.

District (Conservation): The Pine Mountain Soil and Water Conservation District.

Division (EPD): The Environmental Protection Division (EPD) of the Department of Natural

Resources.

Drainage Structure: A device composed of a virtually non-erodible material such as concrete,

steel, plastic or other such material that conveys water from one place to another by

intercepting the flow and carrying it to a release point for stormwater management, drainage

control or flood control purposes.

EPD: The Environmental Protection Division of the Georgia Department of Natural Resources.

EPD Director: The Director of the Environmental Protection Division of the Georgia Department

of Natural Resources.

Erosion: The process by which land surface is worn away by the action of wind, water, ice, or

gravity.

Erosion, Sedimentation and Pollution Control Plan: A plan required by the Erosion and

Sedimentation Act, O.C.G.A. chapter 12-7 that includes, as a minimum, protections at least as

stringent as the State General Permit, best management practices, and requirements in Sec.

4-941006 of this Article.

Fill: A portion of land surface to which soil or other solid material has been added; the depth

above the original ground surface or an excavation.

Final Stabilization: All soil disturbing activities at the site have been completed, and that for

unpaved areas and areas not covered by permanent structures and areas located outside the

Article 10. Erosion Control and Stormwater Management Page 10-3

waste disposal limits of a landfill cell that has been certified by EPD for waste disposal, 100%

of the soil surface is uniformly covered in permanent vegetation with a density of 70% or

greater, or landscaped according to the Plan (uniformly covered with landscaping materials in

planned landscape areas), or equivalent permanent stabilization measures as defined in the

Manual (excluding a crop of annual vegetation and seeding of target crop perennials

appropriate for the region). Final Stabilization applies to each phase of construction.

Finished Grade: The final elevation and contour of the ground after cutting or filling and

conforming to the proposed design.

Grading: Altering the shape of ground surfaces to a predetermined condition; this includes

stripping, cutting, filling, stockpiling and shaping, or any combination thereof, and shall

include the land in its cut or filled condition.

Ground Elevation: The original elevation of the ground surface prior to cutting or filling.

Land-Disturbing Activity: Any activity that may result in soil erosion from water or wind and the

movement of sediments into state waters or onto lands within the state, including, but not

limited to, clearing, dredging, grading, excavating, transporting and filling of land but not

including those practices that are exempt under the Soil Erosion and Sedimentation Control

provisions of this Development Code.

Larger Common Plan of Development or Sale: A contiguous area where multiple, separate and

distinct construction activities are or may be occurring at different times on different schedules

under one plan of development or sale. For purposes of this paragraph, “plan” means an

announcement; piece of documentation such as a sign, public notice or hearing, sales pitch,

advertisement, drawing, permit application, zoning request, or computer design; or physical

demarcation such as boundary signs, lot stakes, or surveyor markings, indicating that

construction activities may occur on a specific plot.

Local Issuing Authority: The governing authority of any county or municipality which is certified

pursuant to subsection (a) O.C.G.A. 12-7-8.

Metropolitan River Protection Act (MRPA): A state law referenced as O.C.G.A. 12-5-440 et seq.,

which addresses environmental and developmental matters in certain metropolitan river

corridors and their drainage basins.

Natural Ground Surface: The ground surface in its original state before any grading, excavation

or filling.

Nephelometric Turbidity Units (NTU): Numerical units of measure based upon photometric

analytical techniques for measuring the light scattered by finely divided particles of a

substance in suspension. This technique is used to estimate the extent of turbidity in water in

which colloidally dispersed particles are present.

NOI: A Notice of Intent form provided by EPD for coverage under the State General Permit.

NOT: A Notice of Termination form provided by EPD to terminate coverage under the State

General Permit.

One-Hundred-Year Flood Plain: A land area subject to a 1 percent or greater statistical

occurrence probability of flooding in any given year.

Operator: The party or parties that have: 1) operational control of construction project plans and

specifications, including the ability to make modifications to those plans and specifications; or

Article 10. Erosion Control and Stormwater Management Page 10-4

2) day-to-day operational control of those activities that are necessary to ensure compliance

with an erosion, sedimentation and pollution control plan for the site or other permit

conditions, such as a person authorized to direct workers at a site to carry out activities

required by the erosion, sedimentation and pollution control plan or to comply with other

permit conditions.

Outfall: The location where storm water in a discernible, confined and discrete conveyance,

leaves a facility or site or, if there is a receiving water on site, becomes a point source

discharging into that receiving water.

Permit: the authorization necessary to conduct a land-disturbing activity under the provisions

of this ordinance.

Person: Any individual, partnership, firm, association, joint venture, public or private corporation,

trust, estate, commission, board, public or private institution, utility, cooperative, state agency,

municipality or other political subdivision of the State, any interstate body or other legal entity.

Phase or Phased: Sub-parts or segments of construction projects where the sub-part or segment

is constructed and stabilized prior to completing construction activities on the entire

construction site.

Project: 1) The entire proposed development project regardless of the size of the area of land

to be disturbed.

Properly Designed: Designed in accordance with the design requirements and specification

contained in the Manual for Erosion and Sediment Control in Georgia (Manual) published by

the Georgia Soil and Water Conservation Commission (GSWCC) as of January 1 of the year in

which the land-disturbing activity was permitted and amendments to the Manual as approved

by the Commission GSWCC up until the date of NOI submittal.

Qualified Personnel: Any person who meets or exceeds the education and training requirements

of O.C.G.A. 12-7-19.

Roadway Drainage Structure: A device such as a bridge, culvert or ditch, composed of a virtually

non-erodible material such as concrete, steel, plastic or other such material that conveys water

under a roadway by intercepting the flow on one side of a traveled way consisting of one or

more defined lanes, with or without shoulder areas, and carrying water to a release point on

the other side.

Sediment: Solid material, both organic and inorganic, that is in suspension, is being transported

or has been moved from its site of origin by wind, water, ice or gravity as a product of erosion.

Sedimentation: The process by which eroded material is transported and deposited by the action

of water, wind, ice, or gravity.

Soil & Water Commission: The State Soil and Water Conservation Commission.

Soil and Water Conservation District Approved Plan: An erosion, sedimentation and pollution

control plan approved in writing by the Pine Mountain Soil and Water Conservation District.

Soil & Water District: The Pine Mountain Soil and Water Conservation District.

Stabilization: The process of establishing an enduring soil cover of vegetation by the installation

of temporary or permanent structures for the purpose of reducing to a minimum the erosion

process and the resultant transport of sediment by wind, water, ice or gravity.

Article 10. Erosion Control and Stormwater Management Page 10-5

State General Permit: The National Pollution Discharge Elimination System general permit or

permits for storm water runoff from construction activities as is now in effect or as may be

amended or reissued in the future pursuant to the State’s authority to implement the same

through federal delegation under the Federal Water Pollution Control Act, as amended, 33

U.S.C. Section 1251, et seq., and subsection (f) of O.C.G.A. 12-5-30.

State Waters: Any and all rivers, streams, creeks, branches, lakes, reservoirs, ponds, drainage

systems, springs, wells, and other bodies of subsurface water, natural or artificial, lying within

or forming a part of the boundaries of Georgia which are not entirely confined and retained

completely upon the property of a single individual, partnership, or corporation.

Stream Buffer: See “Buffer”

Structural Erosion and Sedimentation Control Measures: Practices for the stabilization of

erodible or sediment-producing areas by utilizing the mechanical properties of matter for the

purpose of either changing the surface of the land or storing, regulating or disposing of runoff

to prevent excessive sediment loss. Examples of structural erosion and sedimentation control

practices are riprap, sediment basins, dikes, level spreaders, waterways or outlets, diversions,

grade stabilization structures, and sediment traps, etc. Such practices can be found in the

publication Manual for Erosion and Sediment Control in Georgia.

Vegetative Erosion and Sedimentation Control Measures: Measures for the stabilization of

erodible or sediment-producing areas by covering the soil with:

1. Permanent seeding, sprigging or planting, producing long-term vegetative cover; or

2. Temporary seeding, producing short-term vegetative cover; or

3. Sodding, covering areas with a turf of perennial sod-forming grass.

Such measures can be found in the publication Manual for Erosion and Sediment Control in

Georgia.

Watercourse: Any natural or artificial watercourse, stream, river, creek, channel, ditch, canal,

conduit, culvert, drain, waterway, gully, ravine, or wash in which water flows either continuously

or intermittently and which has a definite channel, bed and banks, and including any area

adjacent thereto subject to inundation by reason of overflow or flood- water.

Wetlands: Those areas that are inundated or saturated by surface or ground water at a frequency

and duration sufficient to support, and that under normal circumstances do sup- port a

prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands

generally include swamps, marshes, bogs and similar areas.

Exemptions.

1004.01 Applicable exemptions.

This article shall apply to any land-disturbing activity undertaken by any person on any land

except for the following:

(a) Surface mining, as the same is defined in O.C.G.A. § 12-4-72, "The Georgia Surface Mining

Act of 1968";

(b) Granite quarrying and land clearing for such quarrying;

Article 10. Erosion Control and Stormwater Management Page 10-6

repairs, maintenance work, fences, and other related activities which result in minor soil

erosion;

(d) The construction of single-family residences, when such construction disturbs less than

one 1 acre and is not a part of a larger common plan of development or sale with a

planned disturbance of equal to or greater than one 1 acre and not otherwise exempted

under this paragraph; provided, however, that construction of any such residence shall

conform to the minimum requirements as set forth in O.C.G.A. § 12-7-6 and this

paragraph shall be enforced by the local issuing authority. Before any land-disturbing

activity covered under this subsection begins, the property owner must provide at least

48 hours' notice, in writing, to the Harris County Department of Community Development

Department stating that a land-disturbing activity is about to begin and that all BMPs will

be followed;

(e) Agricultural operations as defined in O.C.G.A. § 1-3-3, "definitions", to include raising,

harvesting or storing of products of the field or orchard; feeding, breeding or managing

livestock or poultry; producing or storing feed for use in the production of livestock,

including but not limited to cattle, calves, swine, hogs, goats, sheep, and rabbits or for

use in the production of poultry, including but not limited to chickens, hens and turkeys;

producing plants, trees, fowl, or animals; the production of aqua culture, horticultural,

dairy, livestock, poultry, eggs and apiarian products; farm buildings and farm ponds;

(f) Forestry land management practices, including harvesting; provided, however, that when

such exempt forestry practices cause or result in land-disturbing or other activities

otherwise prohibited in a buffer, as established in Section 1005.03(o)paragraph (15) of

section 4-94(c) of this article, no other land-disturbing activities, except for normal forest

management practices, shall be allowed on the entire property upon which the forestry

practices were conducted for a period of three years after completion of such forestry

practices;

(g) Any project carried out under the technical supervision of the Natural Resources

Conservation Service (NRCS) of the United States Department of Agriculture;

(h) Any project involving less than one acre of disturbed area; provided, however, that this

exemption shall not apply to any land-disturbing activity within a larger common plan of

development or sale with a planned disturbance of equal to or greater than one acre or

within 200 feet of the bank of any state waters, and for purposes of this paragraph, "state

waters" excludes channels and drainageways which have water in them only during and

immediately after rainfall events and intermittent streams which do not have water in

them year-round; provided, however, that any person responsible for a project which

involves less than one acre, which involves land-disturbing activity, and which is within

200 feet of any such excluded channel or drainageway, must prevent sediment from

moving beyond the boundaries of the property on which such project is located and

provided, further, that nothing contained herein shall prevent the local issuing authority

from regulating any such project which is not specifically exempted by paragraphs (a),

(b), (c), (d), (e), (f), (g), (I) or (j) of this section;

(i) Construction or maintenance projects, or both, undertaken or financed in whole or in

part, or both, by the Georgia Department of Transportation (GDOT), the Georgia Highway

Authority (GHA), or the state road and tollway authority (SRTA); or any road construction

or maintenance project, or both, undertaken by Harris County; provided, however, that

Article 10. Erosion Control and Stormwater Management Page 10-7

construction or maintenance projects of GDOT, GHA, or SRTA which disturb one or more

contiguous acres of land shall be subject to provisions of O.C.G.A. § 12-7-7.1; except

where the GDOT, the GHA, or the SRTA is a secondary permittee for a project located

within a larger common plan of development or sale under the state general permit, in

which case a copy of a NOI under the state general permit shall be submitted to the local

issuing authority, and the local issuing authority shall enforce compliance with the

minimum requirements set forth in O.C.G.A. § 12-7-6 as if a permit had been issued, and

violations shall be subject to the same penalties as violations by permit holders;

(j) Any land-disturbing activities conducted by any electric membership corporation or

municipal electrical system or any public utility under the regulatory jurisdiction of the

public service commission, any utility under the regulatory jurisdiction of the Federal

Energy Regulatory Commission, any cable television system as defined in O.C.G.A. § 36-

18-1, or any agency or instrumentality of the United States engaged in the generation,

transmission, or distribution of power; except where an electric membership corporation

or municipal electrical system or any public utility under the regulatory jurisdiction of the

public service commission, any utility under the regulatory jurisdiction of the Federal

Energy Regulatory Commission, any cable television system as defined in O.C.G.A. § 36-

18-1, or any agency or instrumentality of the United States engaged in the generation,

transmission, or distribution of power is a secondary permittee for a project located

within a larger common plan of development or sale under the state general permit, in

which case the local issuing authority shall enforce compliance with the minimum

requirements set forth in O.C.G.A. § 12-7-6 as if a permit had been issued, and violations

shall be subject to the same penalties as violations by permit holders; and

(k) Any public water system reservoir.

Minimum Requirements for Erosion, Sedimentation and Pollution Control

Using Best Management Practices.

1005.01 General Provisions.

Excessive soil erosion and resulting sedimentation can take place during land-disturbing

activities if requirements of the article and the NPDES general permit are not met. Therefore,

plans for those land-disturbing activities which are not exempted by this article shall contain

provisions for application of soil erosion, sedimentation and pollution control measures and

practices. The provisions shall be incorporated into the erosion, sedimentation and pollution

control plans. Soil erosion, sedimentation and pollution control measures and practices shall

conform to the minimum requirements of Sections 1005.02 and 1005.03 4-94(b) and (c) of this

article. The application of measures and practices shall apply to all features of the site, including

street and utility installations, drainage facilities and other temporary and permanent

improvements. Measures shall be installed to prevent or control erosion, sedimentation and

pollution during all stages of any land-disturbing activity in accordance with requirements of

this article and the NPDES general permit.

1005.02 Minimum Requirements/BMPs.

(a) Best management practices (BMPs) as set forth in Sections 1005.02 and 1005.03 4-94(b)

and (c) of this article shall be required for all land-disturbing activities. Proper design,

installation, and maintenance of BMPs shall constitute a complete defense to any action

by the director or to any other allegation of noncompliance with paragraph (b) of this

subsection or any substantially similar terms contained in a permit for the discharge of

Article 10. Erosion Control and Stormwater Management Page 10-8

storm water issued pursuant to O.C.G.A. § 12-5-30(f), the "Georgia Water Quality Control

Act". As used in this subsection, the terms "proper design" and "properly designed" mean

designed in accordance with the hydraulic design specifications contained in the "Manual

for Erosion and Sediment Control in Georgia" specified in O.C.G.A. § 12-7-6(b).

(b) A discharge of storm water runoff from disturbed areas where BMPs have not been

properly designed, installed, and maintained shall constitute a separate violation of any

land-disturbing permit issued by a local issuing authority or of any state general permit

issued by the division pursuant to O.C.G.A. § 12-5-30(f), the "Georgia Water Quality

Control Act", for each day on which such discharge results in the turbidity of receiving

waters being increased by more than 25 nephelometric turbidity units for waters

supporting warm water. The turbidity of the receiving waters shall be measured in

accordance with guidelines to be issued by the director. This paragraph shall not apply

to any land disturbance associated with the construction of single family homes which

are not part of a larger common plan of development or sale unless the planned

disturbance for such construction is equal to or greater than five acres.

land-disturbing permit issued by a local issuing authority or of any state general permit

issued by the division pursuant to O.C.G.A. § 12-5-30(f), the "Georgia Water Quality

Control Act", for each day on which such failure occurs.

(d) The director may require, in accordance with regulations adopted by the board Board of

Natural Resources, reasonable and prudent monitoring of the turbidity level of receiving

waters into which discharges from land disturbing activities occur.

(e) The local issuing authority may set more stringent buffer requirements than stated in

subsection 1005.03(o) (c)(15), in light of O.C.G.A. § 12-7-6(c).

1005.03 Required Protections.

The rules and regulations, ordinances, or resolutions adopted pursuant to O.C.G.A. § 12-7-1 et

seq. for the purpose of governing land-disturbing activities shall require, as a minimum,

protections at least as stringent as the state general permit; and BMPs, including sound

conservation and engineering practices to prevent and minimize erosion and resultant

sedimentation, which are consistent with, and no less stringent than, those practices contained

in the Manual for Erosion and Sediment Control in Georgia published by the Georgia Soil and

Water Conservation Commission as of January 1 of the year in which the land-disturbing activity

was permitted, as well as the following:

(a) Stripping of vegetation, regrading and other development activities shall be conducted

in a manner so as to minimize erosion;

(b) Cut-fill operations must be kept to a minimum;

practical erosion potential;

(d) Whenever feasible, natural vegetation shall be retained, protected and supplemented;

(e) The disturbed area and the duration of exposure to erosive elements shall be kept to a

practicable minimum;

(f) Disturbed soil shall be stabilized as quickly as practicable;

(g) Temporary vegetation or mulching shall be employed to protect exposed critical areas

during development;

Article 10. Erosion Control and Stormwater Management Page 10-9

(h) Permanent vegetation and structural erosion control practices shall be installed as soon

as practicable;

(i) To the extent necessary, sediment in runoff water must be trapped by the use of debris

basins, sediment basins, silt traps, or similar measures until the disturbed area is

stabilized. As used in this paragraph, a disturbed area is stabilized when it is brought to

a condition of continuous compliance with the requirements of O.C.G.A. § 12-7-1 et seq.;

(j) Adequate provisions must be provided to minimize damage from surface water to the

cut face of excavations or the sloping surfaces of fills;

(k) Cuts and fills may not endanger adjoining property;

(l) Fills may not encroach upon natural watercourses or constructed channels in a manner

so as to adversely affect other property owners;

(m) Grading equipment must cross flowing streams by means of bridges or culverts except

when such methods are not feasible, provided, in any case, that such crossings are kept

to a minimum;

(n) Land-disturbing activity plans for erosion, sedimentation and pollution control shall

include provisions for treatment or control of any source of sediments and adequate

sedimentation control facilities to retain sediments on-site or preclude sedimentation of

adjacent waters beyond the levels specified in Section 1005.02(b) 4-94(b)(2) of this article;

(o) There is established a 25-foot buffer along the banks of all state waters, as measured

horizontally from the point where vegetation has been wrested by normal stream flow or

wave action, except where the director determines to allow a variance that is at least as

protective of natural resources and the environment, where otherwise allowed by the

director pursuant to O.C.G.A. § 12-2-8, where a drainage structure or a roadway drainage

structure must be constructed, provided that adequate erosion control measures are

incorporated in the project plans and specifications, and are implemented; or along any

ephemeral stream. As used in this provision, the term "ephemeral stream" means a stream

that under normal circumstances has water flowing only during and for a short duration

after precipitation events; that has the channel located above the ground-water table

year round; for which ground water is not a source of water; and for which runoff from

precipitation is the primary source of water flow. Unless exempted as along an ephemeral

stream, the buffers of at least 25 feet established pursuant to O.C.G.A. Part 6 of Article 5,

Chapter 5 of Title 12, the "Georgia Water Quality Control Act", shall remain in force unless

a variance is granted by the director as provided in this paragraph. The following

requirements shall apply to any such buffer:

(1) No land-disturbing activities shall be conducted within a buffer and a buffer shall

remain in its natural, undisturbed state of vegetation until all land-disturbing activities

on the construction site are completed. Once the final stabilization of the site is

achieved, a buffer may be thinned or trimmed of vegetation as long as a protective

vegetative cover remains to protect water quality and aquatic habitat and a natural

canopy is left in sufficient quantity to keep shade on the stream bed; provided,

however, that any person constructing a single-family residence, when such residence

is constructed by or under contract with the owner for his or her own occupancy, may

thin or trim vegetation in a buffer at any time as long as protective vegetative cover

remains to protect water quality and aquatic habitat and a natural canopy is left in

sufficient quantity to keep shade on the stream bed; and

Article 10. Erosion Control and Stormwater Management Page 10-10

(2) The buffer shall not apply to the following land-disturbing activities, provided that

they occur at an angle, as measured from the point of crossing, within 25 degrees of

perpendicular to the stream; cause a width of disturbance of not more than 50 feet

within the buffer; and adequate erosion control measures are incorporated into the

project plans and specifications and are implemented:

a. Stream crossings for water lines; or

b. Stream crossings for sewer lines; and

(p) Nothing contained in O.C.G.A. § 12-7-1 et seq. shall prevent any local issuing authority

from adopting rules and regulations, ordinances, or resolutions which contain stream

buffer requirements that exceed the minimum requirements in section 1005.02 and

1005.03 4-94(b) and (c) of this article.

(q) The fact that land-disturbing activity for which a permit has been issued results in injury

to the property of another shall neither constitute proof of nor create a presumption of

a violation of the standards provided for in this article or the terms of the permit.

Application and Permitting Process.

Consideration of the effects of soil erosion, sedimentation and pollution the issuance of permits,

approval of rezoning requests and review of subdivision plans is found under the “Other

Permits” Division of Article 11 (Procedures and Permits) of this Development Code.

Inspection and Enforcement.

1007.01 Inspection and Enforcement Responsibilities and Processes.

(a) The Harris County Department of Community Development Department will periodically

inspect the sites of land-disturbing activities for which permits have been issued to

determine if the activities are being conducted in accordance with the plan and if the

measures required in the plan are effective in controlling erosion, sedimentation and

pollution. Also, the local issuing authority shall regulate primary, secondary and tertiary

permittees as such terms are defined in the state general permit. Primary permittees shall

be responsible for installation and maintenance of BMPs where the primary permittee is

conducting land-disturbing activities. Secondary permittees shall be responsible for

installation and maintenance of best management practice where the secondary

permittee is conducting land-disturbing activities. Tertiary permittees shall be responsible

for installation and maintenance where the tertiary permittee is conducting land-

disturbing activities. If, through inspection, it is deemed that a person engaged in land-

disturbing activities as defined herein has failed to comply with the approved plan, with

permit conditions, or with the provisions of this article, a written notice to comply shall

be served upon that person. The notice shall set forth the measures necessary to achieve

compliance and shall state the time within which such measures must be completed. If

the person engaged in the land-disturbing activity fails to comply within the time

specified, he shall be deemed in violation of this article.

(b) The local issuing authority must amend its ordinances to the extent appropriate within

12 months of any amendments to the Erosion and Sedimentation Act of 1975.

power to conduct such investigations as it may reasonably deem necessary to carry out

duties as prescribed in this article, and for this purpose to enter at reasonable times upon

Article 10. Erosion Control and Stormwater Management Page 10-11

any property, public or private, for the purpose of investigation and inspecting the sites

of land-disturbing activities.

(d) No person shall refuse entry or access to any authorized representative or agent of the

local issuing authority, the commission, the district, or division who requests entry for the

purposes of inspection, and who presents appropriate credentials, nor shall any person

obstruct, hamper or interfere with any such representative while in the process of carrying

out his official duties.

(e) The district or the commission or both shall semi-annually review the actions of counties

which have been certified as local issuing authorities pursuant to O.C.G.A. § 12-7-8(a). The

district or the commission or both may provide technical assistance to any county for the

purpose of improving the effectiveness of the county's erosion, sedimentation and

pollution control program. The district or the commission shall notify the division and

request investigation by the division if any deficient or ineffective local program is found.

(f) The division may periodically review the actions of counties which have been certified as

local issuing authorities pursuant to O.C.G.A. § 12-7-8(a). Such review may include, but

shall not be limited to, review of the administration and enforcement of a governing

authority's ordinance and review of conformance with an agreement, if any, between the

district and the governing authority. If such review indicates that the governing authority

of any county certified pursuant to O.C.G.A. § 12-7-8(a) has not administered or enforced

its ordinances or has not conducted the program in accordance with any agreement

entered into pursuant to O.C.G.A. § 12-7-7(e), the division shall notify the governing

authority of the county in writing. The governing authority of any county so notified shall

have 90 days within which to take the necessary corrective action to retain certification

as a local issuing authority. If the county does not take necessary corrective action within

90 days after notification by the division, the division shall revoke the certification of the

county as a local issuing authority.

Penalties and Incentives.

1008.01 Failure to Obtain a Permit for Land-Disturbing Activity.

If any person commences any land-disturbing activity requiring a land-disturbing permit as

prescribed in this article Article without first obtaining said permit, the person shall be subject

to revocation of his business license, work permit or other authorization for the conduct of a

business and associated work activities within the jurisdictional boundaries of the local issuing

authorityHarris County.

1008.02 Stop-Work Orders.

(a) For the first and second violations of the provisions of this article, the director or the local

issuing authorityCommunity Development Director or designee shall issue a written

warning to the violator. The violator shall have five 5 days to correct the violation. If the

violation is not corrected within five 5 days, the Community Development Director or

designee director or the local issuing authority shall issue a stop-work order requiring

that land-disturbing activities be stopped until necessary corrective action or mitigation

has occurred; provided, however, that if the violation presents an imminent threat to

public health or waters of the state or if the land-disturbing activities are conducted

without obtaining the necessary permit, the director or the local issuing authority shall

issue an immediate stop-work order in lieu of a warning;

Article 10. Erosion Control and Stormwater Management Page 10-12

(b) For a third and each subsequent violation, the director or the local issuing authority shall

issue an immediate stop-work order; and;

until the necessary corrective action or mitigation has occurred.

(d) When a violation in the form of taking action without a permit, failure to maintain a

stream buffer, or significant amounts of sediment, as determined by the local issuing

authority or by the director or his or her designee, have been or are being discharged

into state waters and where BMPs have not been properly designed, installed, and

maintained, a stop work order shall be issued by the local issuing authority or by the

director or his or her designee. All such stop-work orders shall be effective immediately

upon issuance and shall be in effect until the necessary corrective action or mitigation

has occurred. Such stop-work orders shall apply to all land-disturbing activity on the site

with the exception of the installation and maintenance of temporary or permanent

erosion, sedimentation and pollution controls.

1008.03 Bond Forfeiture.

If, through inspection, it is determined that a person engaged in land-disturbing activities has

failed to comply with the approved plan, a written notice to comply shall be served upon that

person. The notice shall set forth the measures necessary to achieve compliance with the plan

and shall state the time within which such measures must be completed. If the person engaged

in the land-disturbing activity fails to comply within the time specified, he shall be deemed in

violation of this article and, in addition to other penalties, shall be deemed to have forfeited his

performance bond, if required to post one under the provisions of Section 1006.02(g) 4-95(b)(7)

of this article. The local issuing authorityBoard of Commissioners or designee may call the bond

or any part thereof to be forfeited and may use the proceeds to hire a contractor to stabilize the

site of the land-disturbing activity and bring it into compliance.

1008.04 Monetary penalties

Any person who violates any provisions of this article, or any permit condition of limitation

established pursuant to this article, or who negligently or intentionally fails or refuses to comply

with any final or emergency order of the director issued as provided in this article shall be liable

for a civil penalty not to exceed $__________ the dollar amount approved by DNR/EPD per day.

Notwithstanding any limitation of law as to penalties which can be assessed for violations of

county ordinances, any magistrate court or any other court of competent jurisdiction trying

cases brought as violations of this article under county ordinances approved under this article

shall be authorized to impose penalties for such violations not to exceed $_________ -the dollar

amount approved by DNR/EPD for each violation. Each day during which violation or failure or

refusal to comply continues shall be a separate violation.

Education and Certification.

1009.01 Education and Certification Requirements.

(a) Persons involved in land development design, review, permitting, construction,

monitoring, or inspection or any land-disturbing activity shall meet the education and

training certification requirements, depending on their level of involvement with the

process, as developed by the commission in consultation with the division and the

Stakeholder Advisory Board created pursuant to O.C.G.A. § 12-7-20.

Article 10. Erosion Control and Stormwater Management Page 10-13

(b) For each site on which land-disturbing activity occurs, each entity or person acting as

either a primary, secondary, or tertiary permittee, as defined in the state general permit,

shall have as a minimum one person who is in responsible charge of erosion,

sedimentation and pollution control activities on behalf of said entity or person and

meets the applicable education or training certification requirements developed by the

commission present on site whenever land-disturbing activities are conducted on that

site. A project site shall herein be defined as any land-disturbing site or multiple site

within a larger common plan of development or sale permitted by an owner or operator

for compliance with the state general permit.

requiring certified personnel on site may contract with certified persons to meet the

requirements of this article.

(d) If a state general permittee who has operational control of land-disturbing activities for

a site has met the certification requirements of O.C.G.A. § 12-7-19(b)(1), then any person

or entity involved in land-disturbing activity at that site and operating in a subcontractor

capacity for such permittee shall meet those educational requirements specified in

O.C.G.A. § 12-7-19(b)(4) and shall not be required to meet any educational requirements

that exceed those specified in said paragraph.

Administrative Appeal Judicial Review.

1010.01 Administrative Remedies.

The suspension, revocation, modification or grant with condition of a permit by the local issuing

authority Community Development Department, upon finding that the holder is not in

compliance with the approved erosion, sedimentation and pollution control plan; or that the

holder is in violation of permit conditions; or that the holder is in violation of any ordinance;

shall entitle the person submitting the plan or holding the permit to appeal this administrative

decision to hearing before the Harris County Board of Commissioners within 30 days after

receipt by the local issuing authority of written notice of appeal.

1010.02 Judicial ReviewAdministrative Appeal.

Any person, aggrieved by a decision or order of the local issuing authority after exhausting his

administrative remedies, shall have the right to appeal de novo to the Superior Court of Harris

County in accordance with the “Appeals” Division of Article 11 (Procedures and Permits).

Liability.

1011.01 Liability Standards.

(a) Neither the approval of a plan under the provisions of this article, nor the compliance

with provisions of this article shall relieve any person from the responsibility for damage

to any person or property otherwise imposed by law nor impose any liability upon the

local issuing authority or district for damage to any person or property.

(b) The fact that a land-disturbing activity for which a permit has been issued results in injury

to the property of another shall neither constitute proof of nor create a presumption of

a violation of the standards provided for in this article or the terms of the permit.

Sedimentation Act of 1975, the Georgia Water Quality Control Act or the rule and

Article 10. Erosion Control and Stormwater Management Page 10-14

regulations promulgated and approved thereunder or pollute any waters of the state as

defined thereby.

DIVISION 2. STORMWATER MANAGEMENT.

Purpose and Intent.

This division provides requirements for application of stormwater management measures to new

developments and maintenance of existing stormwater management measures and facilities.

Applicability and Exemptions.

1013.01 Applicability.

(a) An adequate drainage system, designed in accordance with this section, including

necessary ditches, pipes, culverts, drains, inlets, bridges, etc., shall be provided for the

proper drainage of all surface water.

(b) All persons proposing development or construction in the county shall prepare a

stormwater management plan. The stormwater management plan shall address the

requirements of this section, and the on-site drainage including lot-to-lot drainage and

off-site impacts. The stormwater management plan shall also meet the minimum

standards of the current edition of the "Georgia Stormwater Management Manual." No

final subdivision plat shall be approved and no development or building permit shall be

issued until and unless the stormwater management plan has been reviewed and

approved by the Community Development Department Director, except as exempt

below.

1013.02 Exemptions.

The following development activities are exempt from the provisions of this section and the

requirement to provide a stormwater management plan:

(a) Agricultural land management.

(b) Additions or modifications to existing single-family detached dwellings.

major subdivision.

Stormwater Management Facilities.

1014.01 Development Plan Requirements.

All development plans shall require a hydrology study certified by a registered design

professional. If detention has been waived or provided in a previous phase or unit of

development then a letter from the design professional with supporting documents shall be

provided.

1014.02 Standards for Stormwater Management.

(a) All stormwater detention facilities shall be designed to detain the 1-year storm runoff, for

the area draining to the pond, for 24 hours. For the project, this volume, called the

channel protection volume, shall be equal to or greater than the 1-year storm runoff

volume from the project. In addition, these facilities shall control the peak flow rates

associated with storms having 2-year, 5-year, 10-year, and 25-year return frequencies so

Article 10. Erosion Control and Stormwater Management Page 10-15

that flows from the developed site do not exceed those associated with predevelopment

conditions at the project boundary nor increase the peak flows downstream from the

project to the point in the drainage basin where the project area is 10% of the total basin.

Where adverse impacts occur during the 100-year storm, the 100-year storm shall also

be regulated.

(b) To eliminate detention facilities for stormwater, a registered design professional shall

evaluate the basin utilizing the ten percent rule as defined in the current edition of the

"Georgia Stormwater Management Manual." The design professional shall demonstrate

that post-developed peak flows at the ten percent point of analysis are not increased for

all storm events up to and including the 25-year storm. Where adverse effects occur for

the 100-year storm, the 100-year storm shall also be regulated.

not have an adverse impact on downstream properties.

(d) As part of the hydrological study, the design professional shall complete a downstream

analysis in accordance with the current edition of the "Georgia Stormwater Management

Manual." Consideration shall be given to the flow capacity of downstream drainage

structures from the property line up to and including the 10% point of analysis. If the

downstream system is inadequate, the developer is required to either improve the

downstream drainage structure or provide additional storage in the detention facility.

(e) In approved cases, damming a natural basin with minimal clearing may provide the

detention. In such cases:

(1) The required discharge structure opening must be large enough to prevent stoppage

from leaves and other debris naturally occurring. Also, the volume should be adequate

to account for natural growth of vegetation.

(2) Documentation shall be provided for the natural drainage way that it is not

jurisdictional state waters or for an approved Georgia EPD Buffer Variance Application.

(3) Documentation shall also be provided showing compliance with the Clean Water Act

Section 404, permitting requirements.

(4) Fencing of natural ponds shall be considered by the Public Works Director on a case-

by-case basis.

1014.03 Stormwater Detention Facility Location Criteria.

For purposes of these regulations, a detention facility shall be deemed to consist of the area

within the maximum design ponding limits, the dam (if one) including all embankment slopes

and wall footings (if applicable), primary and emergency outlet works, any drainage and access

easements, and any energy dissipation devices.

(a) In residential subdivisions, any required retention and/or detention areas shall be

incorporated into the common areas of the residential development or incorporated into

an individually platted parcel, which the homeowners association shall be responsible for

its maintenance and continuing operation.

(b) In nonresidential subdivisions, the detention facility may be located on a separate lot and

owned by a property owners' association, which shall be responsible for its maintenance

and continuing operation; or located on each lot within the subdivision and constructed

when the lot is developed.

Article 10. Erosion Control and Stormwater Management Page 10-16

shall be provided for each development. The owner of the property shall be responsible

for maintenance and continuing operation of the facility.

(d) The county may approve stormwater detention facilities serving 2 or more developments,

provided that private ownership of the facilities and provisions for their perpetual

maintenance and continuing operation are clearly established in a manner acceptable to

the county attorney.

(e) No portion of any detention facility shall disturb any required (as opposed to voluntary)

buffer not otherwise authorized without first obtaining the required approvals.

1014.04 Stormwater Detention Facility Easement Requirements.

(a) An easement at least 25 feet in width shall be required to provide access to all detention

facilities from a public street. This easement shall be cleared, grubbed and/or graded so

that it can be utilized by rubber-tired construction vehicles. The easement shall include a

15-foot access drive graded to maximum 15% grade. Its location shall be such as to

minimize the amount of grading required.

(b) Every normally dry detention basin or detention facility shall be completely enclosed

within a drainage easement. The drainage easement shall extend at least 10 feet beyond

the limits of the detention facility and related facilities including fencing.

1014.05 Stormwater Detention Facility Design Considerations.

Permanent detention facilities, when required, shall be designed so that the following standards

shall apply:

(a) The location and size of all proposed stormwater improvements shall be designed in

accordance with and meet all standards relating to stormwater management of this

Development Code and the current edition of the "Georgia Stormwater Management

Manual."

(b) Stormwater detention facilities providing for the storage and controlled release of runoff

shall be required for any development activity that will increase the peak rate of discharge

by 1 cubic foot per second or more for the 10-year frequency storm at any point of

discharge from the property. All stormwater detention facilities shall be designed to

control the runoff volumes associated with storms having 2-year, 5-year, 10-year and 25-

year frequencies and safe overflow for 100-year storm.

exiting the pond.

(d) The reservoir routing method or an equivalent method shall be used in sizing detention

ponds. (The bowstring method is not acceptable.)

(e) An emergency overflow device (which does not include the throttling device) for a

detention pond shall be designed to pass the 100-year peak developed inflow without

overtopping the dam.

(f) Pond discharge locations shall be in defined drainage ditches. The developer's engineer

shall include in the hydrology study a discussion of existing conditions downstream of

the detention pond and an explanation of how downstream property owners will not be

adversely affected by the "concentrated" runoff from the project boundary up to and

including the ten percent point of analysis.

Article 10. Erosion Control and Stormwater Management Page 10-17

(g) The steepest fill slopes shall be 3:1. Cut slopes shall be no steeper than 2:1.

(h) The top of the berm shall be a minimum of ten feet wide when 3:1 slopes are used.

(i) Slopes shall be stable under all conditions including maintenance.

(j) Full and living coverage of an approved permanent grass or ground cover devoid of

noxious weeds shall be provided.

(k) The bottom of the pond shall be firm enough to be maintained by mechanical means.

(l) Fences are required around the perimeter of a detention facility except as provided by

paragraph (c) of this subsection.

(1) The fence shall be commercial gauge chain link fence of 6 feet in height with a 12-

foot wide two-section gate aligned with the access easement. A 10-foot wide clear

area shall be provided outside of the fenced area.

(2) The fence shall be constructed within the drainage easement for a detention pond

and enclose the outlet piping.

(3) The Public Works Director may waive the fencing requirement if the slope of the

interior side slopes of the detention facility is no more than 3:1, and the 100-year

ponding depth is less than 4 feet.

(4) The Community Development Department may waive the fencing requirement in

commercial developments when the detention facility is located more than 500 feet

from a residential district, or in instances of unusual topography.

1014.06 Alternate Structural Stormwater Controls.

(a) All structural stormwater management facilities shall be selected and designed using the

appropriate criteria from the current edition of the "Georgia Stormwater Management

Manual." All structural stormwater controls must be designed appropriately to meet their

intended function. For other structural stormwater controls not included in the current

edition of the "Georgia Stormwater Management Manual," or for which pollutant removal

rates have not been provided, the effectiveness and pollutant removal of the structural

control must be documented through prior studies, literature reviews, or other means

and receive approval from the county before being included in the design of a stormwater

management system. In addition, if hydrologic or topographic conditions, or land use

activities warrant greater control than that provided by the minimum control

requirements, the county may impose additional requirements deemed necessary to

protect upstream and downstream properties and aquatic resources from damage due

to increased volume, frequency, and rate of stormwater runoff or increased nonpoint

source pollution loads created on the site in question.

(b) Applicants shall consult the current edition of the "Georgia Stormwater Management

Manual" for guidance on the factors that determine site design feasibility when selecting

and locating a structural stormwater control.

1014.07 Modifications for Off-Site Facilities

(a) The stormwater management plan for each land development project shall provide for

stormwater management measures located on the site of the project, unless provisions

are made to manage stormwater by an off-site or regional facility. The off-site or regional

facility must be located on property legally dedicated for the purpose, must be designed

and adequately sized to provide a level of stormwater quantity and quality control that is

Article 10. Erosion Control and Stormwater Management Page 10-18

equal to or greater than that which would be afforded by on-site practices and there

must be a legally-obligated entity responsible for long-term operation and maintenance

of the off-site or regional stormwater facility. In addition, on-site measures shall be

implemented, where necessary, to protect upstream and downstream properties and

drainage channels from the site to the off-site facility.

(b) A stormwater management plan must be submitted to the Community Development

Department that shows the adequacy of the off-site or regional facility. To be eligible for

a modification, the applicant must demonstrate to the satisfaction of the public works

department that the use of an off-site or regional facility will not result in the following

impacts to upstream or downstream areas:

(1) Increased threat of flood damage to public health, life, and property;

(2) Deterioration of existing culverts, bridges, dams, and other structures;

(3) Accelerated streambank or streambed erosion or siltation;

(4) Degradation of in-stream biological functions or habitat; or

(5) Water quality impairment in violation of state water quality standards, and/or violation

of any state of federal regulations.

Maintenance and Inspection of Stormwater Facilities and Practices.

Stormwater management facilities and practices must undergo ongoing inspections to document

maintenance and repair needs and ensure compliance with the documents approved as part of the

permitting process pertaining to those facilities/practices. If no such documents were required to be

approved when the facility/practice was installed, the facility/practice must be maintained in good working

condition.

1015.01 Responsibility for Maintenance.

A stormwater management facility or practice shall be inspected on a periodic basis by the

owner and/or operator of the subject property or other responsible person named in the

applicable stormwater management facility maintenance agreement or plan. Those facilities

which are subject to an approved maintenance agreement shall be inspected in accordance with

that agreement. In the event that the stormwater management facility has not been maintained

and/or becomes a danger to public safety or public health, the Community Development

Department may notify the person responsible for carrying out the maintenance, or the property

owner on which the facility exists, by registered or certified mail. The notice shall specify the

need to comply with the agreement, the plan or, in the absence of an agreement or approved

plan, standard maintenance practices and shall specify the time within which such measures

shall be completed. If the responsible person fails or refuses to meet the requirements of the

maintenance agreement or notice as provided herein, the stormwater department may correct

the violation as provided in subsection (e) of this section.

1015.02 Local Jurisdiction Inspection Authority.

Inspection programs by the Community Development Department may be established on any

reasonable basis, including but not limited to: routine inspections; random inspections;

inspections based upon complaints or other notice of possible violations; and joint inspections

with other agencies inspecting under environmental or safety laws. Inspections may include, but

are not limited to, reviewing maintenance and repair records; sampling discharges, surface

Article 10. Erosion Control and Stormwater Management Page 10-19

water, groundwater, and material or water in stormwater management facilities; and evaluating

the condition of stormwater management facilities and practices.

1015.03 Maintenance Records Requirements.

Parties responsible for the operation and maintenance of a stormwater management facility

shall provide records of all maintenance and repairs to the stormwater department when

requested.

1015.04 Failure to Maintain.

If a responsible person fails or refuses to meet the requirements of the maintenance agreement

or the standards contained herein, the Community Development Department, after 10 days'

written notice (except that, in the event the violation constitutes an immediate danger to public

health or public safety, immediate action may be taken), may correct a violation of the design

standards or maintenance requirements by performing the necessary work to place the facility

or practice in proper working condition. The Community Development Department may assess

the owner of the facility for the cost of repair work which shall be a lien on the property, and

may be placed on the ad valorem tax bill for such property and collected in the ordinary manner

for such taxes.

1015.05 Stormwater management facility maintenance agreement

(a) Prior to the issuance of any permit for a land development activity requiring a stormwater

management facility or practice hereunder and for which the County requires ongoing

maintenance, the applicant or owner of the site must, unless an on-site stormwater

management facility or practice is dedicated to and accepted by the County, execute an

inspection and maintenance agreement, and/or a conservation easement, if applicable,

that shall be binding in perpetuity on all subsequent owners of the site.

(b) The inspection and maintenance agreement, if applicable, must be approved by the

County prior to plan approval, and recorded in the deed records upon final plat approval.

person(s) responsible for carrying out the inspection and maintenance. Responsibility for

the operation and maintenance of the stormwater management facility or practice, unless

assumed by a governmental agency, shall remain with the property owner and shall pass

to any successor owner. If portions of the land are sold or otherwise transferred, legally

binding arrangements shall be made to pass the inspection and maintenance

responsibility to the appropriate successors in title. These arrangements shall designate

for each portion of the site, the entity to be responsible in perpetuity for its inspection

and maintenance.

(d) The terms of the maintenance agreement shall provide for the County to enter the

property at reasonable times and in a reasonable manner for the purpose of inspection.

This includes the right to enter a property when it has a reasonable basis to believe that

a violation of this article is occurring or has occurred and to enter when necessary for

abatement of a public nuisance or correction of a violation of this article.

DIVISION 3. DAMS

Dams.

Article 10. Erosion Control and Stormwater Management Page 10-20

Any land disturbing activity that involves a property which is proposed to contain a dam shall

comply with the provisions of this Division.

1016.01 Existing Dams.

Existing dams that are located on a project site and will remain after construction is completed

shall comply with the provisions of this article and all referenced articles as if they were new

dams.

1016.02 Existing Category I Dams.

Existing Category I Dams shall meet applicable state requirements and shall comply with the

Georgia Safe Dams Act.

1016.03 Existing Category II Dams.

When an existing Category II dam may be reclassified to a Category I dam because of a proposed

development downstream of the dam, the following shall be provided by the developer for

review by the Georgia Safe Dams Program.

(a) Location of the Category II dam and the proposed development; and

(b) A surveyed cross-section of the stream valley at the location of the proposed

development including finished floor elevations; and

the flood wave in the downstream floodplain. The Dambreak modeling shall be

completed in accordance with the Safe Dams Program Quality Assurance Program by a

qualified registered engineer.

1016.04 New Dams Which Become Subject to the Requirements of the Georgia Safe Dams Act and

Rules for Dam Safety.

Dams proposed to be 25 feet or more in height or proposed to have an impounding capacity

of 100 acre-feet or more at maximum water storage elevation shall be subject to the following:

(a) The developer of any new dam in which development exists within the proposed breach

zone shall be subject to the requirements of the Georgia Safe Dams Act and Rules for

Dam Safety adopted by the Georgia Department of Natural Resources. The developer

shall obtain necessary approvals and permits from the Environmental Protection Division

of the Georgia Department of Natural Resources for the project and the dam prior to

securing a Land Disturbance Permit from the Community Development Department. The

developer of any new dam as to which development does not exist within the proposed

breach zone shall submit construction plans to Harris County for review of the project

and the dam prior to securing a Development Permit from the Department.

(b) If the developer elects to construct the new dam in accordance with the design standards

for new dams as contained in the Rules for Dam Safety, then new development shall be

permitted within the dam breach zone. However, the dam shall meet the design

standards for new dams as contained in the Rules for Dam Safety if development currently

exists or is proposed in the dam breach zone.

dams as contained in the Rules for Dam Safety, then a dam breach analysis for the dam

shall be submit- ted along with the construction plans for review prior to securing a Land

Article 10. Erosion Control and Stormwater Management Page 10-21

Disturbance Permit from the Community Development Department. The design engineer

shall utilize the computer model entitled "DAMBRK" for the dam breach analysis.

(d) Should the new dam not meet the design standards for new dams as contained in

the Rules for Dam Safety, then only the following uses and structures shall be permitted

within the dam breach easement:

(1) Agriculture which requires no structures for human habitation within the dam breach

zone including forestry, livestock raising, and agricultural and forestry access roads.

(2) Fences.

(3) Signs in accordance with Article 7 of this Development Code.

(4) Roads, driveways and parking areas.

(5) Utility poles, towers, pipelines, water treatment outfalls and facilities, or other similar

facilities and structures.

(e) For any new dam that is proposed not to meet the design for new dams as contained in

the Rules for Dam Safety, the developer shall obtain a dam breach easement, recorded

with the Clerk of Superior Court, from any offsite property owner where it is proposed for

the dam breach zone to extend off the property where the dam is being constructed. The

developer shall also cause a dam breach easement to be recorded upon the property

being developed.

(f) Prior to recording of a Final Plat or issuance of a Certificate of Occupancy, as appropriate,

an as-built certification from a registered professional engineer shall be submitted to the

Community Development Department. The certification shall state that the dam is

constructed in accordance with the provisions of these regulations as well as the

authorized construction plans. If the project is for the development of a subdivision, the

developer shall also establish a legal entity, acceptable to Harris County, such as a

mandatory Property Owner’s Association, at time of recording of the Final Plat,

responsible for the maintenance of the dam and its impoundment.

(g) In addition to State requirements, a new dam shall be on a single of land so that it is

owned and maintained by a single owner or entity.

1016.05 New Dams Subject to Regulation by Harris County.

Dams proposed to be 9 feet or more in height, but less than 25 feet in height, in combination

with an impounding capacity proposed to be 20 acre-feet or more at maximum water storage

elevation, but less than 100 acre-feet, shall be subject to the following:

(a) If the developer elects not to construct the new dam to the design standards for new

dams as contained in the Rules for Dam Safety, then a dam breach analysis for the dam

shall be submitted with the construction plans for review and authorization prior to

securing a permit from the Community Development Department. The design engineer

shall utilize the computer model entitled "DAMBRK" for the dam breach analysis.

(b) Should the new dam not meet the design standards for new dams as contained in the

Rules for Dam Safety, then only the following uses and structures shall be permitted

within the dam breach zone:

(1) Agriculture which requires no structures for human habitation within the dam

breach zone including forestry, livestock raising, and agricultural and forestry access

roads.

Article 10. Erosion Control and Stormwater Management Page 10-22

(2) Fences.

(3) Signs in accordance with Article 6 of this Development Code.

(4) Roads, driveways and parking areas.

(5) Utility poles, towers, pipelines, water treatment outfalls and facilities, or similar

facilities and structures.

for new dams as contained in the Rules for Dam Safety, then new development shall be

permitted within the dam breach zone. However, the dam shall meet the design

standards for new dams as contained in the Rules for Dam Safety if development currently

exists or is proposed in the dam breach zone.

(d) Construction plans for new dams defined herein shall be submitted to the Community

Development Department for review for the project and the dam prior to securing a

permit from the Department.

(e) For any dam that is proposed not to meet the design standards for new dams as

contained in the Rules for Dam Safety, the developer shall obtain a dam breach easement,

recorded with the Clerk of Superior Court, from any offsite property owner where it is

proposed for the dam breach zone to extend off the property where the dam is being

constructed. The developer shall also cause a dam breach easement to be recorded upon

the property being developed.

(d)(f) Prior to recording of a Final Plat or issuance of a Certificate of Occupancy, as

appropriate, an as-built certification from a registered professional engineer shall be

submitted to the Community Development Department. The certification shall state that

the dam is constructed in accordance with the provisions of these regulations as well as

the authorized construction plans. If the project is for the development of a subdivision,

the developer shall also establish a legal entity, acceptable to Harris County, such as a

mandatory Homeowners Owner’s Association, at time of recording of the Final Plat,

responsible for the maintenance of the dam and its impoundment.

(g) n addition to State requirements, a new dam shall be on a single of land so that it is

owned and maintained by a single owner or entity.