Do You Need a Land Disturbance Permit in Georgia?
Yes, if your project disturbs an acre or more, and sometimes when it disturbs less. Georgia’s Erosion and Sedimentation Act of 1975 requires a permit before land-disturbing activity starts, unless an exemption applies. That covers clearing, grading, excavating and filling land. The permit comes from the city or county that serves as the local issuing authority. Where the local government is not one, a notice of intent goes to the state Environmental Protection Division (EPD) instead.
The dividing line is one acre. A project that disturbs less than one acre is exempt, with two exceptions. The exemption does not apply inside a larger common plan of development or sale of one acre or more. It also does not apply within 200 feet of the bank of state waters. And the local issuing authority can still regulate smaller projects. So a new commercial lot or lot expansion of an acre or more needs the local permit. It also needs coverage under EPD’s construction stormwater general permit.
That paperwork comes before any commercial paving on a new site, and we build to the approved plan. This guide is a plain-language summary, not legal advice. Your issuing authority’s answer governs.
What is a land disturbance permit in Georgia?
It is the local permit the 1975 act requires before land-disturbing activity. State erosion control guidance calls it a Land Disturbing Activity (LDA) permit, issued only by a local issuing authority. Bartow County’s checklist calls it a land disturbance activity permit, or LDP. The city or county that issues it also inspects the site and enforces the permit.
The application comes with an Erosion, Sedimentation and Pollution Control plan, called the ES and PC plan. A design professional who holds the required certification draws it up. The issuing authority sends the plan to the Soil and Water Conservation District for review and approval. A city or county with an agreement to review plans does that review itself.
On a site under the state general permit, each permittee needs one person in charge of erosion control. That person must meet the state’s training requirements and be on site whenever land is being disturbed.
When does a paving project need a land disturbance permit?
The one-acre line and its two exceptions come from Georgia Code Section 12-7-17. The act defines a larger common plan as one connected area where separate construction activities happen under one plan. For the 200-foot rule, state waters leave out channels that carry water only during and right after rain. Intermittent streams that do not run year round are left out too.
The local catch: a local issuing authority can still regulate a project under an acre. Cherokee County, for one, has its own $50 erosion and sedimentation control permit for residential parcels. That permit is not for commercial sites. Projects over an acre follow the county’s land disturbance permit rules.
The exemptions that matter most to paving:
- Minor activities such as repairs and maintenance work that cause only minor soil erosion.
- A single-family home that disturbs less than one acre, outside a larger common plan. The act’s minimum requirements and trout stream buffers still apply.
- Agricultural operations, including farm ponds and farm buildings.
- Road work by GDOT, a county or a city. That exemption covers public road work, not private road paving or a business’s parking lot.
Maintenance, as the act defines it, leaves out changes to the character, scope or size of the original design. So resurfacing a lot and widening it are different cases.
| Project | What the law says | Ask first? |
|---|---|---|
| New commercial lot of an acre or more | Local permit (or a notice of intent to EPD where no local issuing authority exists), plus EPD’s construction stormwater general permit | Yes. Start with your city or county |
| Lot expansion under an acre within 200 feet of a creek bank | The under-one-acre exemption does not apply. A 2012 state memo calls for a local permit and an ES and PC plan, not state general permit coverage | Yes. Ask whether the creek counts as state waters |
| Patching, crack filling, sealcoating or an overlay on existing pavement | Repairs and maintenance work causing only minor soil erosion are exempt | Ask if the job widens the lot or changes its design |
| New driveway for one house on its own lot under an acre | Exempt outside a larger common plan and more than 200 feet from the bank of state waters | Yes. Local rules can still apply, and a drive onto a state route needs a GDOT permit |
| Lot inside a subdivision or larger development | The under-one-acre exemption does not apply inside a larger common plan of one acre or more | Yes. Ask how the lot fits under the development’s permit |
Each row states the rule. How it applies to your site is the issuing authority’s call.
Who issues the permit in Cartersville and Bartow County?
Inside a city’s limits, the city issues the permit. Outside them, the county does. Where the local government is not a local issuing authority, EPD enforces the state general permit.
Inside Cartersville city limits, you apply to the City of Cartersville. Its application names the Coosa Soil and Water Conservation District. It must include the civil construction plans, a hydrology study and the GSWCC checklist.
In unincorporated Bartow County, Engineering runs the plan review. A concept plan meeting with Engineering is mandatory for non-residential projects. The permit is not issued without the Development Review Committee’s approval. The applicant must be the property owner or someone acting for the owner. That applicant is also responsible for any additional permits GDOT or other agencies require.
A commercial entrance on a state route, for one, needs a GDOT permit before construction work in the right-of-way. See our guide to driveway culvert pipe permits in Georgia.
What does a land disturbance permit cost?
Fees depend on the city or county and the acreage. Here is what the City of Cartersville’s fee worksheet and EPD’s fee fact sheet list.
| Fee | Amount |
|---|---|
| Cartersville plan review, new submittal | $500 |
| Cartersville plan review, each resubmittal | $50 |
| Cartersville land disturbance permit | $250 |
| Cartersville commercial development fee | $25 per gross acre or fraction |
| Cartersville erosion and sedimentation control fee | $40 per disturbed acre |
| State general permit fee where EPD regulates the site | $80 per disturbed acre to EPD |
| State general permit fee where a local issuing authority regulates | $40 per disturbed acre to EPD, plus $40 per disturbed acre to the local issuing authority |
EPD’s fee fact sheet says the state fees come on top of any local permit fees. Ask the city how its per-acre fees line up with the state’s. The design professional’s ES and PC plan is a separate cost.
How long does a land disturbance permit take?
Under EPD’s stand-alone permit, GAR100001, the notice of intent generally goes in at least 14 days before construction starts. That permit runs from August 1, 2023, to July 31, 2028.
Bartow County’s development checklist says Engineering will respond within 30 business days on a first submittal. A resubmittal gets a response within 15. Turnaround depends on how complete the plans are, and other departments’ times may vary. The owner must get the permit no later than 365 days after plan approval. Work must begin no later than 120 days after the permit is issued.
What does the permit mean for your paving job?
The owner, or someone acting for the owner, applies for and holds the permit. The owner’s engineer or design professional draws the plans. We build to the approved plan and its erosion control measures.
Our part is the paving. For commercial paving and parking lot paving, that means grading for drainage, the stone base and the hot mix. We also patch, sealcoat and stripe lots. Based in Cartersville, we work Northwest Georgia and the north side of metro Atlanta. We come out, look at the site, measure it and give you an estimate. Call or text (706) 844-2123, or request an estimate.