How do I know if my HOA's stormwater system needs repair?

Look for standing water that doesn't drain, eroded pond banks, exposed or cracked concrete at the outlet structure, sinkholes near pipes, visible rebar, invasive woody vegetation on the dam, or a recent inspection letter from the county. Any of these is a reason to call an engineer.

Does my HOA really need a licensed engineer, or can a landscaping company handle it?

For routine mowing, trash removal, and minor vegetation control, a maintenance contractor is fine. For structural repairs, dredging that changes volume, OCS work, pipe replacement, slope reconstruction, or any work that requires county permitting, Georgia jurisdictions require sealed plans from a licensed Professional Engineer. Using an unlicensed contractor for permitted work usually means doing the job twice.

How long does an HOA stormwater repair project take?

A straightforward maintenance-level repair can be designed, permitted, and built in 8-12 weeks. A full pond rehabilitation with county permitting and a Land Disturbance Permit typically runs 4-8 months from kickoff to certification. Mack Engineering gives every HOA a realistic schedule at the proposal stage.

Who pays for HOA stormwater repairs?

The HOA, funded through regular dues, reserves, or a special assessment. Because the responsibility is legal and ongoing, we strongly recommend every HOA board build a stormwater reserve line item based on the expected life of each facility component.

What happens if my HOA ignores a Notice to Comply?

Fines accrue, the county can escalate to court, and in severe cases the jurisdiction can complete the repairs themselves and lien the HOA for the cost. The cheapest path is always to engage a qualified engineering firm the moment a notice arrives.

Can Mack Engineering work with our existing property management company?

Yes. We regularly partner with community management companies and present directly to HOA boards at monthly or quarterly meetings.

Georgia NPDES Construction Stormwater Permits (2023 Reissuance) — Through 2028

Georgia NPDES Construction Stormwater Permits: 2023 Reissuance and What’s Changed Through 2028

On August 23, 2024 — after a year-long legal challenge — the Georgia Environmental Protection Division reissued the three NPDES construction stormwater general permits (GAR100001, GAR100002, and GAR100003) that authorize stormwater discharges from construction activities to waters of the State of Georgia. The reissued permits are in effect through July 31, 2028. Every developer, contractor, and engineer who disturbs more than one acre in Georgia is subject to one of these permits.

This article walks through which permit applies to your project, what changed in the 2023 reissuance, how to file your Notice of Intent through the Georgia EPD Online System (GEOS), and the practical compliance traps that lead to enforcement actions.

Key Takeaways

There are three Georgia NPDES Construction General Permits: GAR100001 (Stand Alone), GAR100002 (Infrastructure), and GAR100003 (Common Development).
The 2023 reissuance had an original effective date of August 1, 2023 but was stayed by a legal challenge until August 23, 2024.
The current permits expire July 31, 2028.
All Notices of Intent (NOIs) and Notices of Termination (NOTs) must be submitted electronically through the Georgia EPD Online System (GEOS).
Under GAR100001 and GAR100003, no more than 50 acres may be actively disturbed at one time without prior written EPD authorization.
Coverage requires a sealed Erosion, Sedimentation, and Pollution Control (ES&PC) Plan, a Site Notice posted at the entrance, and inspections per the permit schedule.
Sediment-release self-reporting is mandatory using EPD’s August 2024 self-reporting form template.

Which Permit Applies to Your Project?

Permit Number	Project Type	Typical Use Cases
GAR100001	Stand Alone Construction	Single-permittee commercial sites, single-owner residential projects, industrial development
GAR100002	Infrastructure Construction	Linear projects: roads, water and sewer mains, utility installations
GAR100003	Common Development Construction	Subdivisions and master-developed sites where a primary permittee installs infrastructure and secondary permittees build lots

Choosing the wrong permit is the most common error new contractors make. A subdivision with multiple builders is almost always GAR100003 with a primary NOI and individual secondary NOIs for each builder. A self-perform single-owner project on the same kind of site is GAR100001.

What Changed in the 2023 Reissuance

EPD published a Summary of Changes for each of the three permits at the time of reissuance. The most significant practical updates that affect day-to-day project compliance include:

Refined definitions of “common development” and clarified obligations of primary vs. secondary permittees
Updated stream buffer and waterway protection requirements aligned with current Georgia EPD guidance
Strengthened inspection, maintenance, and recordkeeping requirements for BMPs
Formalized the 50-acre maximum active disturbance rule and the process to request authorization to exceed it
Sediment-release self-reporting using EPD’s August 2024 self-reporting form template
Continued migration of all submittals (NOIs, NOTs, modifications, transfers) to the GEOS portal

Filing the Notice of Intent (NOI) in GEOS

Have your sealed ES&PC Plan in hand — prepared by a Level II Design Professional certified by the Georgia Soil and Water Conservation Commission (GSWCC).
Confirm the local issuing authority (LIA) has reviewed or accepted the plan, where required by the project type.
Register or log in to the Georgia EPD Online System (GEOS) at the EPD portal.
File the NOI for the correct permit (GAR100001, GAR100002, or GAR100003) at least 14 days before construction begins.
Pay the applicable filing fee electronically through GEOS.
Post the Site Notice (with the NOI number and EPD contact information) at the primary site entrance before construction begins.
Begin construction only after BMPs are installed and the initial inspection passes.

The 50-Acre Active Disturbance Rule

Under both GAR100001 (Stand Alone) and GAR100003 (Common Development), no more than 50 acres of soil may be actively disturbed at any one time without prior written authorization from the appropriate EPD District Office. To exceed 50 acres, the permittee must submit a request sufficiently in advance for EPD to evaluate the request against published review criteria and decide what additional conditions, if any, will be applied.

Practical implication for developers: large master-planned sites must be phased so that no more than 50 acres of disturbance is open at one time, or the project must build a strong technical case for an exceedance authorization. Engineering and construction sequencing must be coordinated from day one.

Inspections, Sampling, and Self-Reporting

Each permit specifies the inspection frequency for the permittee’s qualified Personnel — typically tied to rainfall events and a regular calendar interval. Inspection records, photographs, corrective actions, and updates to the ES&PC Plan must be kept on site and made available for EPD review. Any sediment release that reaches state waters must be self-reported using EPD’s self-reporting form template, generally within strict timeframes specified in the permit.

Common Enforcement Triggers

Across recent EPD enforcement actions against Georgia construction sites, the recurring themes are:

Failure to install perimeter BMPs before clearing
Inadequate or non-existent inspections during active construction
Sediment-laden discharges to state waters that were not self-reported
Allowing disturbed area to exceed 50 acres without prior authorization
Inadequate stabilization of inactive areas
Missing or out-of-date Site Notice at the entrance

Frequently Asked Questions

Do I need an NPDES permit for a 0.9-acre construction site?

No — the NPDES Construction General Permits apply to projects with one (1) acre or more of disturbance. Smaller projects are typically regulated by the local issuing authority’s Erosion Control Permit (ECP) or equivalent. Be careful: if your 0.9-acre site is part of a larger common plan of development that totals one acre or more, the NPDES permit applies.

How long does it take to get NPDES coverage?

The NOI must be filed at least 14 days before construction begins. Practically, with a clean ES&PC Plan and an experienced engineer, the process from plan completion to permit coverage takes about 3 weeks.

Who can prepare the ES&PC Plan?

A Level II Design Professional certified by the Georgia Soil and Water Conservation Commission (GSWCC). Most practicing civil engineers in Georgia hold this certification; not every engineer does.

When do these permits expire?

The current Georgia NPDES Construction General Permits expire July 31, 2028. EPD will publish draft replacement permits well in advance of that date.

What happens if I am cited by EPD?

Penalties for noncompliance can include stop-work orders, daily fines, and required corrective action plans. Engage a Georgia civil engineer immediately if you receive a notice of violation — early, well-documented corrective action almost always reduces the penalty.

Ready to move your project forward?

Mack Engineering is a full-service civil engineering and land development firm based in Alpharetta, Georgia. We deliver fast turnarounds, single-PE accountability on every project, and deep working knowledge of the permitting offices across Metro Atlanta — Cherokee, Forsyth, Fulton, Cobb, and surrounding counties. Whether you are a developer, builder, property owner, or buyer, we will tell you the truth about your site before you spend money you cannot get back. Contact Mack Engineering for a no-obligation consultation or to request a fixed-fee quote.