Stream Buffer Variance Ordinance

On February 25th, the BOC approved a new version of the Stream buffer ordinance. The newest version is stil inadequate and does not effectively address redevelopment and existing buffer encroachments. Despite industry concerns that the ordinance would severely limit property rights and economic development in redevelopment areas, the BOC voted unanimously to approve. On February 3rd, the Planning, Public Works, and Economic Development Committee approved the proposed changes to the stream buffer variance ordinance. The February 2nd version was not made available until the morning of the meeting, and was approved without further revision. The Council for Quality Growth, along with industry partners are very concerned about significant issues within the ordinance related to redevelopment issues. Please contact Jason O’Rouke at 770-289-2247 for more details.

The ordinance, as written, would limit stream buffer variance requests to those properties that were purchased before the introduction of the County 75 foot buffer, but do not contain buildings. Lots which currently have buildings in the buffer are not eligible to be grandfathered for redevelopment purposes. In these cases, property owners must remove 90% of the existing encroachment if they choose to redevelop the property.

2-17-09 Draft of Stream Buffer Ordinance

Letter to DeKalb BOC describing outstanding issues