Stormwater Design vs. Zoning Permits in Georgia: Who Handles Each for Builders

Quick answer: In Georgia, stormwater design and zoning are two separate workstreams with two different approval paths. Construction stormwater is an environmental permit issued by the Georgia Environmental Protection Division (EPD) and enforced locally through a Land Disturbance Permit (LDP) and, in most metro jurisdictions, an MS4 post-construction stormwater ordinance. Zoning is a land-use decision made by the city or county under Georgia’s Zoning Procedures Law. Georgia requires the erosion control plan behind the stormwater permit to be prepared by a GSWCC Level II certified design professional, which is why builders typically bring in a civil engineering firm. Having one firm produce the stormwater design, the zoning exhibits, and the land disturbance plans keeps both tracks built on the same site layout.

In this guide

• What is the difference between a stormwater permit and a zoning approval in Georgia?
• Which agency handles construction stormwater permits in Georgia?
• Who handles zoning and land-use approvals for Georgia builders?
• What does a Georgia ES&PC Plan include and who prepares it?
• What has to be in place before construction can start in Georgia in 2026?
• How does Mack Engineering handle stormwater design and zoning for Georgia builders?
• What mistakes delay stormwater and zoning approvals in Georgia?
• Frequently asked questions
• Key takeaways
• References

What is the difference between a stormwater permit and a zoning approval in Georgia?

A Georgia construction stormwater permit is an environmental discharge permit. EPD has issued NPDES general permits since EPA granted it that authority in January 1991, according to the EPD permit fact sheet. A zoning approval is a local land-use decision made by a city council or county commission.

Stormwater coverage governs runoff, sediment, erosion control, and pollution prevention during construction, plus long-term detention and water quality after construction. Zoning governs what can be built, where it can sit on the lot, and at what density.

Stormwater coverage is triggered by the amount of land disturbed, not by property lines. Georgia’s general permits cover sites with contiguous disturbance of one acre or more, and tracts under one acre that are part of a larger common plan of development disturbing one acre or more, according to the EPD fact sheet. Zoning is triggered by the parcel’s jurisdiction, its zoning district, and the dimensional standards in the local ordinance.

A Georgia site can be fully zoned and still be blocked from grading. Under the Georgia Erosion and Sedimentation Act (O.C.G.A. 12-7-1 et seq.), no land-disturbing activity may begin without a permit from the local issuing authority, or a notice of intent to EPD where the local government is not certified. The two tracks run in parallel, and neither substitutes for the other.

	Construction stormwater permit	Zoning approval
What it is	Environmental discharge permit (NPDES)	Local land-use decision
Who issues it	Georgia EPD, enforced through the local issuing authority’s Land Disturbance Permit	City council or county commission after a public hearing
What triggers it	One acre or more of disturbance, or any size within a larger common plan of development	The parcel’s jurisdiction, zoning district and dimensional standards
What it controls	Runoff, sediment, erosion control, pollution prevention, post-construction detention and water quality	Use, density, setbacks, height, lot coverage, where buildings sit
Who prepares the submittal	GSWCC Level II certified design professional, usually a civil engineer	Civil engineer or land planner preparing the concept plan and zoning exhibits

Which agency handles construction stormwater permits in Georgia?

Georgia EPD runs the construction stormwater program statewide. EPD reissued General NPDES Permits GAR100001, GAR100002, and GAR100003 effective August 1, 2023, and after a legal challenge was resolved, the permits have been in effect since August 23, 2024 and authorize discharges through July 31, 2028, according to Georgia EPD. Mack’s guide to the 2023 NPDES construction permit reissuance covers what changed.

The three permits split construction sites by type. GAR100001 covers stand-alone construction sites, GAR100002 covers infrastructure sites, and GAR100003 covers common development sites such as subdivisions, according to the EPD fact sheet.

Local government is the second layer. In counties and cities certified as Local Issuing Authorities (LIAs), the land disturbance permit is issued by the county for unincorporated land or by the city inside city limits, and that LIA conducts inspections and enforces the permit, according to the Georgia Erosion and Sedimentation Act. See Mack’s land disturbance permit cost and timeline guide for how that review runs in Metro Atlanta.

Fees are split between the two levels. Where a certified LIA regulates the site, the primary permittee pays $40 per disturbed acre to EPD and $40 per disturbed acre to the LIA; where no certified LIA applies, the full $80 per acre goes to EPD, according to the EPD fee fact sheet. These NPDES fees are in addition to any local LDP fees.

Post-construction stormwater is the third layer, handled by the local MS4 (municipal separate storm sewer system). Since January 2, 2017, Georgia MS4 permittees have been required to use the 2016 Edition of the Georgia Stormwater Management Manual (the “Blue Book”) or an equivalent manual, according to the Atlanta Regional Commission. Under the DeKalb County MS4 permit, for example, the stormwater system must be designed to retain the first 1.0 inch of rainfall on site to the maximum extent practicable, and any remaining runoff from a 1.2-inch storm must be treated to remove at least 80% of total suspended solids. Mack’s detention pond design guide explains how those criteria size a pond.

Who handles zoning and land-use approvals for Georgia builders?

Zoning in Georgia is handled by the city or county planning department, with the final decision on rezonings made by the elected governing body after a public hearing. The builder or property owner is the applicant, but the site plan and zoning exhibits are typically prepared by a civil engineer or land planner.

A typical submittal package includes a concept site plan, zoning exhibits, setbacks, lot dimensions, parking, and a written justification. Those documents must match the dimensional standards in the local zoning ordinance, and requirements differ from one Metro Atlanta jurisdiction to the next; see Mack’s zoning exhibit requirements guide.

Georgia’s Zoning Procedures Law sets the minimum hearing rules. Under O.C.G.A. § 36-66-4, the local government must publish notice of a zoning hearing in a newspaper of general circulation at least 15 but not more than 45 days before the hearing. For an owner-initiated rezoning, a sign must be posted on the property at least 15 days before the hearing.

A denial has a real schedule cost. If a rezoning is defeated, the same property cannot be considered for rezoning again for at least six months, according to O.C.G.A. § 36-66-4. That is why builders should schedule zoning submittals against the engineering timeline, and why the site plan should be solid before it goes to hearing.

What does a Georgia ES&PC Plan include and who prepares it?

Georgia does not use a standalone “SWPPP” as most other states do. Under the Georgia permits, the site-specific document is the Erosion, Sedimentation and Pollution Control Plan (ES&PC Plan), and it must be designed, installed, and maintained for the entire construction activity, according to permit GAR100001.

The Plan must identify every potential source of stormwater pollution on site and describe the controls for three phases: initial sediment storage and perimeter BMPs, intermediate grading and drainage BMPs, and final BMPs, according to permit GAR100001. It must also include BMPs for petroleum spills, waste collection, material storage, and concrete washout. Washing out a concrete drum on site is prohibited, and dewatering discharges are prohibited unless managed by appropriate controls.

Georgia controls who can prepare the Plan. It must be prepared by a design professional, defined as a Georgia-licensed engineer, architect, landscape architect, forester, geologist, or land surveyor, or a Certified Professional in Erosion and Sediment Control, who has completed the Georgia Soil and Water Conservation Commission (GSWCC) certification course, according to the GSWCC Level II training manual. The GSWCC 2025 plan review checklist requires the Level II certification number, signature, and seal on every ES&PC sheet, or the Plan will not be reviewed.

The Plan must also map the stream buffers. Plans must delineate all state waters and wetlands on or within 200 feet of the project site, according to the Forsyth County ES&PC checklist. State law requires a 25-foot undisturbed buffer on warm-water streams and a 50-foot buffer on designated trout streams, measured from the point of wrested vegetation, according to GDOT’s buffer variance guidance. Local governments can require wider buffers.

After approval, the Plan is a working document. Certified personnel must inspect fuel areas and construction exits every day construction occurs, measure rainfall every 24 hours, and inspect disturbed areas and structural controls at least once every 7 days and within 24 hours after a storm of 0.5 inch or more, according to permit GAR100001. Records must be kept for at least three years after the Notice of Termination is filed.

What has to be in place before construction can start in Georgia in 2026?

Permit coverage must be in place before grading starts. New sites must submit a Notice of Intent (NOI) to EPD through its electronic submittal system at least 14 days before construction activities begin, and the ES&PC Plan must be completed before the NOI is submitted, according to permit GAR100001 and the GSWCC Level II training manual.

The federal EPA Construction General Permit and its 2027 renewal do not govern typical Georgia private development, because EPD is the authorized NPDES permitting authority in Georgia, according to the EPD fact sheet. Georgia sites in 2026 are covered under the 2023 state general permits, which run through July 31, 2028, according to Georgia EPD.

Locally, builders need an approved ES&PC Plan and an issued Land Disturbance Permit from the LIA. Under the Georgia Erosion and Sedimentation Act, the LIA cannot issue the permit until it determines that the plan meets state requirements, and all applicable fees must be paid first. Most jurisdictions also require grading, drainage, and post-construction stormwater plans as part of the same land development review. Since July 1, 2026, that local review also runs on the statutory clock set by Georgia SB 447.

Disturbance limits apply to larger sites. Plans may not disturb 50 or more acres at any one time without prior written authorization from the EPD District Office, according to permit GAR100001.

How does Mack Engineering handle stormwater design and zoning for Georgia builders?

Mack Engineering prepares the stormwater design, ES&PC Plans, zoning exhibits, and land disturbance plans Georgia builders need to submit. The firm’s stormwater design and hydrology studies cover runoff, detention, and water quality design for local MS4 and Georgia Stormwater Management Manual requirements, and its stormwater permitting and compliance work carries the plan through the NOI and the local permit.

Feasibility reports and concept site plans come first, so you know what the site can support before you file for rezoning or a variance. Mack Engineering’s site planning services establish buildable area, setbacks, stream buffers, and access before the public hearing process begins.

Grading, sanitary sewer, erosion control, and ADU designs are produced in-house, keeping the stormwater plan and the site plan consistent. The firm’s zoning and land use planning work ties the engineering limits to the local code for Alpharetta, Milton, Johns Creek, Roswell, Forsyth County, and other North Atlanta jurisdictions.

Construction management and builder services keep the approved plans aligned with what gets built. The goal is one coordinated set of drawings, so the EPD NOI, the zoning approval, and the Land Disturbance Permit all reference the same site geometry. Contact Mack Engineering or call (770) 715-7295 to talk through a site.

What mistakes delay stormwater and zoning approvals in Georgia?

Taking zoning exhibits to hearing before the stormwater concept is settled. If detention or runoff reduction practices later need more room, the site plan changes, and a revised plan may need to go back to the jurisdiction. Under O.C.G.A. § 36-66-4, a denied rezoning cannot be reconsidered for six months.

Missing the common development trigger. Lots under one acre are still covered when they are part of a larger common plan of development disturbing one acre or more, according to the EPD fact sheet. Subdivision lots typically fall under GAR100003, according to permit GAR100003.

Submitting plans without the Level II seal on every sheet, or without the GSWCC checklist. The GSWCC 2025 plan review checklist states that the completed checklist must be submitted with the ES&PC Plan, and that sheets without the Level II number, signature, and seal will not be reviewed.

Overlooking state waters near the site. Buffer encroachments can require an EPD buffer variance, and EPD reviews a variance only when the applicant shows impacts have been avoided or minimized to the fullest extent practicable, according to GDOT’s buffer variance guidance.

Treating the ES&PC Plan as one-time paperwork. Under permit GAR100001, stabilization must begin no more than 14 days after construction stops in any part of the site, and daily, weekly, and post-storm inspections must be documented until the Notice of Termination is filed.

Frequently asked questions

Key takeaways

• In Georgia, construction stormwater (EPD and the local issuing authority) and zoning (city or county governing body) are separate approvals, and both must be in place before construction starts.
• Georgia NPDES coverage is required for sites disturbing one acre or more, or less than one acre when part of a larger common plan of development.
• Georgia’s construction stormwater permits are GAR100001 (stand-alone), GAR100002 (infrastructure), and GAR100003 (common development), effective August 1, 2023 and valid through July 31, 2028.
• Georgia’s version of the SWPPP is the ES&PC Plan, and it must carry the seal and GSWCC Level II number of a certified design professional on every sheet.
• The NOI must be filed with EPD at least 14 days before construction, and the local Land Disturbance Permit must be issued before grading.
• Rezoning hearings require 15 to 45 days of published notice, and a denied rezoning cannot be reconsidered for six months.
• Mack Engineering produces feasibility reports, concept site plans, zoning exhibits, ES&PC Plans, land disturbance plans, and stormwater designs for Georgia builders.

Related reading

• Georgia’s 2023 NPDES construction stormwater permit reissuance
• Land disturbance permit cost and timeline in Metro Atlanta
• How to avoid delays in land disturbance permit approval
• Zoning exhibit requirements for Metro Atlanta rezonings
• Detention pond design in Metro Atlanta
• Which engineering company understands Georgia construction codes?
• Stormwater design and hydrology studies

References

• NPDES Construction Stormwater General Permits, Georgia EPD
• Fact Sheet: NPDES Construction Stormwater Permits (March 2023), Georgia EPD
• General NPDES Permit No. GAR100001 (2023), Georgia EPD
• General NPDES Permit No. GAR100003 (2023), Georgia EPD
• NPDES Construction Permit Fees Fact Sheet, Georgia EPD
• Georgia Erosion and Sedimentation Act, O.C.G.A. 12-7-1 et seq. (Walker County copy)
• Buffer Variances Guidebook, Georgia DOT
• ES&PC Plan Review Checklists, effective January 1, 2025, GSWCC
• Level II Design Professional Training Manual, GSWCC
• ES&PC Plan Checklist Guidance, Forsyth County
• Georgia Stormwater Management Manual, Atlanta Regional Commission
• DeKalb County MS4 Permit (2024), Georgia EPD
• O.C.G.A. § 36-66-4, Hearings on Proposed Zoning Decisions (Justia)

This article is general information, not a site-specific engineering opinion. Code requirements and local ordinances change; confirm current requirements with the authority having jurisdiction for your property.