Pond Permitting In Georgia
Over the years, getting a permit to build a pond in Georgia has gone through several changes. In fact, we have noticed changes by at least one of the regulating agencies in each of the last several years. One prevalent pitfall that an individual finds when trying to build a pond is that there are several regulatory agencies involved, and they don't necessarily talk to each other. One can truthfully say "this is all you need, you're good to go", while the pond may not even be allowed by another agency with valid jurisdiction. For that reason, it is important to chose a design professional like Chastain & Associates, P.C. that has experience in permitting ponds and is familiar with the various agencies involved.
The first agency involved in permitting a pond is the local issuing authority (LIA), which is usually the county planning office or the city building inspector. In most instances, the LIA will be agreeable to the pond provided that the property owner obtain all of the necessary permits. It is common here that the LIA may not be up to date on pond permitting requirements and all of the state and federal agencies involved.
In Georgia, new pond construction must be compliant with or permitted by the Georgia Department of Natural Resources Safe Dams Division, the Environmental Protection Division, and the Fisheries and Wildlife Resources Division. Depending on the location and size of the proposed pond, they will be looking at stream buffer variances, water temperature effects, water quality issues, drainage basin size, and base flow calculations.
On the federal level, any project that impacts (including flooding) a live stream must comply with a very intricate set of regulations produced by the U.S. Army Corps of Engineers. These apply to "Waters of the United States" which also may include wetlands. Failure to comply with Corps of Engineers requirements can result in serious federal violations and fines. Also involved is the Natural Resource Conservation Service (NRCS) which is a branch of the USDA. They are involved with technical review of the erosion control plans and some times provide technical assistance on the construction of the impoundment.
We recommend a relatively inexpensive pond site evaluation before a property owner goes any further. This consists of a site visit where GPS coordinates can be gathered, stream impact can be estimated, and the project can be evaluated as to which local, state, and federal requirements and permits would be required. Afterwards, a proposal and plan on how to proceed can be compiled.
