Stream Buffer Variance Permitting

The DNR Rules for Erosion and Sedimentation Control, 391-3-7.05 Buffer Variance Procedures and Criteria, establish under which circumstances a buffer variance may be granted. There are also activities which the regulating authority has deemed as “minor land disturbing activity” and which do not need a buffer variance. The buffer variance process, or whether one even in fact needs a buffer variance, can be difficult to interpret and navigate. Buffer issues can be extremely complex and are very situationally-dependent, but an experienced and knowledgeable consultant can determine exactly what rules, if any, apply to your specific situation.  Activities Exempt from Division Approval: Certain activities do not require an application or approval from the Division, including:
  • Stream crossings for water or sewer lines at specific angles causing limited disturbance.
  • Construction of drainage structures within specified buffer areas.
  • Building of bulkheads or sea walls in designated lakes for erosion prevention.
  • Construction of public water system reservoirs.
    As per O.C.G.A. 12-7-17(3), minor land-disturbing activities are exempt from the Georgia Erosion and Sedimentation Act (GESA):  “Such minor land-disturbing activities as home gardens and individual home landscaping, repairs, maintenance work, fences, and other related activities which result in minor soil erosion.”

Frequently Asked Questions

If you have additional questions reach out and a team member will get in touch with you.

A buffer variance is a special permission required when a development or construction project impacts the natural buffer zone around state waters. It’s necessary when a project cannot avoid affecting these protected areas, and the variance process ensures that any impact is managed and mitigated responsibly.

Yes, certain activities are exempt, including specific types of stream crossings for water and sewer lines, construction of drainage structures within certain buffer areas, building bulkheads or sea walls in designated lakes, and the construction of public water system reservoirs.

If your project involves land-disturbing activities within the buffer zones of state waters, you likely need a buffer variance. However, it’s best to consult with the Division or a qualified environmental consultant to determine if your specific project falls under the variance requirement.

The Division aims to review and respond to complete buffer variance applications within 60 days. This period starts from the receipt of a complete application.