PERSPECTIVE ON THE ISSUE OF
BUFFERS AROUND WETLANDS
We've all heard that too much of one thing can be damaging if you're not careful! Balance is the key between environmental protection and economic growth as we grow by 1 million people every 6 to 7 years in metroAtlanta. Is a buffer really needed to be responsible with protecting our water resources in Georgia?
AMICUS BRIEF ON BEHALF OF
THE COUNCIL FOR QUALITY GROWTH,
THE GEORGIA AGRIBUSINESS COUNCIL,
THE GEORGIA ASSOCIATION OF WATER PROFESSIONALS,
THE GEORGIA CHAMBER OF COMMERCE,
THE GEORGIA GOLF COURSE SUPERINTENDENTS ASSOCIATION,
THE GEORGIA INDUSTRY ENVIRONMENTAL COALITION, THE GEORGIA URBAN AGRICULTURE COUNCIL
THE METRO ATLANTA CHAMBER,
THE NORTH GEORGIA WATER RESOURCES PARTNERSHIP, AND THE REGIONAL BUSINESS COALITION
OF METROPOLITAN ATLANTA
Wetlands are ubiquitous in Georgia. If land-disturbing activities are prohibited within 25 feet of these features, projects of all kinds throughout the State will be substantially delayed, if not prohibited entirely. The resulting economic disruption could be both severe and entirely pointless. Expanding the buffer ruling will produce negligible environmental benefits, because activities in wetlands are already subject to strict regulation under a different statute, the federal Clean Water Act. The difference between the existing wetland program under the Clean Water Act and the buffer requirement under the Erosion and Sedimentation Act is that the existing program is designed to be flexible, and includes expedited procedures to authorize minor projects, whereas the buffer requirement is designed to be inflexible. Activities within a buffer cannot be authorized by permit; instead, a statutory variance from the Director of the Georgia Environmental Protection Division ("Georgia EPD") is required. The Director can grant a variance only in certain circumstances, for certain types of projects, and only after providing a full-blown notice-and-comment period. Projects that can be permitted in a matter of weeks under the current system will be held up for a minimum of four months if the Court of Appeals' ruling is not reversed.
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OCTOBER 22, 2014
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