Complaint ID 114532 — Public Copy

Status: Under Investigation

Nature of Complaint

Tip or Complaint: Gilmer County issued a building permit for a deck within the 25-ft state-waters buffer at 332 Clark Trail (Parcel 3051U 021) along Mountaintown Creek. No GA EPD variance exists. Approval violates O.C.G.A. § 12-7-6(b)(15), which prohibits any land-disturbing activity—including structural footings or bored posts—within a state-waters buffer without an approved variance. Both Gilmer County (as a Local Issuing Authority) and the GA EPD Mountain District are citing the 2017 “Minor Land-Disturbing Activities Guidance” to justify buffer intrusions. However, that 2017 guidance document appears to have been issued without any documented approval under the Georgia Administrative Procedure Act or formal adoption by the Board of Natural Resources. In contrast, the 2009 EPD guidance correctly interpreted the statute by prohibiting structural activity within buffers and aligning with the Clean Water Act. The 2017 revision expanded “minor” activities to include decks, patios, and other construction inside buffers—an interpretation not supported by law. This policy shift is now being used statewide to approve permits that remove riparian vegetation and destabilize streambanks. EPA Region 4 should investigate whether EPD’s 2017 guidance constitutes an unauthorized rule change leading to systemic non-enforcement, and require restoration of the affected buffer and corrective oversight of Gilmer County’s LIA program.

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