Do I need an Erosion Control Plan to build a single-family home?

The construction of a single-family home is exempt from requiring an Erosion, Sedimentation, and Pollution Control (ES&PC) plan and does not require coverage under a National Pollutant Discharge Elimination System (NPDES) permit, except under the following conditions:

• When the construction disturbs more than one acre of land or is part of a larger common plan of development; or
• Land‐disturbing activity will occur within 200 feet of the bank of any State waters (for the purposes of this rule, "State waters" excludes ephemeral and intermittent streams)

If either of these two conditions apply to your proposed home, RSP can prepare the required ES&PC plan and assist you with permitting.

 Contact us for a free cost estimate.

What is an ES&PC Plan?

The ES&PC plan provides “Best Management Practices” (BMPs) to  minimize erosion and resultant sedimentation. The BMPs also include treatment requirements, operating procedures, and practices to control site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw material storage. 

What is an NPDES permit?

The Federal Clean Water Act and Georgia Water Quality Control Act prohibit the discharge of any pollutant (including sediment in stormwater) to the waters of the United States/waters of the State from a point source unless the discharge is authorized by a National Pollutant Discharge Elimination System (NPDES) permit.  

For home construction that is not exempt, Georgia issues two types of general NPDES permits for stormwater discharges associated with construction activity: a permit for standalone projects (GAR100001) and a permit for common developments (GAR100003).  

To obtain coverage under these permits, one must have an ES&PC Plan prepared for the project by a Design Professional and submit a Notice of Intent (NOI) to the Local Issuing Authority (LIA).   

What are State Waters?

"Waters of the State" is defined as "any and all rivers, streams, creeks, branches, lakes, reservoirs, ponds, drainage systems, springs, wells, wetlands, and all other bodies of surface or subsurface water, natural or artificial, lying within or forming a part of the boundaries of the State which are not entirely confined and retained completely upon the property of a single individual, partnership, or corporation."  A Georgia EPD Field Guide for Determining the Presence of State Waters can be found here.

What is your service area?

Our normal service area includes the following North Georgia counties: Banks, Barrow, Cherokee, Dawson, Elbert, Fannin, Forsyth, Franklin, Gilmer, Habersham, Hall, Hart, Jackson, Lumpkin, Madison, Oglethorpe, Pickens, Rabun, Stephens, Towns, Union, and White.

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