Fulton County, Georgia, USA Law, EPA. Flood Plain...

MacMitch

I run a dog park/training...business located largely in the flood plain of a large creek. I had occasion to talk to the EPA (Environmental Protection Agency) regarding working in and around the creek and its bordering tributaries. Specifically regarding removing dead trees and refuse from dead trees from the flood plain. As I understood it from the EPA rep. the law protects flood plain to the extent that by the code I would need a variance just to move dead fall.

The reason I was talking to the EPA rep. was a builder had dumped many tons of material, mostly parts of trees & their stumps left over from clearing land for houses, in a tributary of the creek which was flooding my property just about every time there was a good rain. The EPA guy explained that although it was definitely against the law for the builder to drop all the tree parts in the water way, he could not do anything about it. He explained that unless he witnessed the materials being dropped there that the EPA would not prosecute. I was also told that testimony by myself or other neighbors who saw the builder dropping the materials there was not germane. Apparently even testimony by the person owning the property, who witnessed the builder illegally dispose of the waste, was not pertinent.

I have trees "falling" in and around this creek regularly. I am concerned about liability should a tree fall and hit a client or their dog. At the same time I am not sure how I could be prosecuted for not removing or repairing trees that the law may prohibit me from working on.

The matter is further complicated by the fact that my property line runs through the center of the creek. Trees along either bank are leaning against the trees on the opposing bank. It is hard for trees to ever fall to the ground along the creek banks as the dense canopy tends to not allow it. Attempting to remove a tree on either bank may bring down a tree or trees on the opposing bank no matter how it is done.

I wonder how/if professionals deal with similar flood plain scenarios?

Ekka

If these creeks block up with debris and flow is restricted will houses etc go under water?

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MacMitch

Hi Ekka,

No, the houses are way up the side of very steep hills. It is illegal to build housing in the flood plain. The flood plain runs some 300-500 feet wide on either side of the creek creating an area that the dogs can run around in off leash without fear that they will get to a road etc. The specific area we are on was a 100 acre horse farm 10-20 years ago. The creek has only come out of its banks once in about 20 years. This was when a coastal hurricane made it all the way to our area dropping some 10+ inches of rain. Normally the creek stays well within its banks. The flood plain creates a natural woody park like area for miles in both direction that should remain that way indefinitely.

Yea I can edit ;-)
I might add that there were horse barns in the flood plain not long ago. My neighbor, big time lawyer, built a tennis court in the flood plain and placed a small prefab storage building next to it. Before and immediately after buying the property I had government reps. out to consult about what I was planning to do with the land. I was told that my plan would be a great use of the property. I was even offered trees etc. to plant to provide food for wild life. We talked specifically about my clearing the trees and brush from what had been hay fields and gardening area years before. I think there have been changes/additions to the law since that time but I do not know specifically what code might apply or how to find it.

My impression is that unlike areas like New Orleans or other coastal areas which have very specific laws that explain how low lands can be used there is not much in the way of laws to define usage of this kind of land in my area. My impression is that unless some builder starts trying to place housing on flood plain, government officials do not try to enforce the sketchy code. The other laws that do come into play have to do with sewage drain fields, which are prohibited in flood plain. I ended up putting the drain field for my dog business, on the side of the adjoining hill, next to the building, above flood plain and it passed inspection.

I doubt that any government official would be inclined to get involved with my general upkeep of this property. My issue is with all those trees bordering both sides of the creek that no one has done anything to for decades. With all the trees leaning into the creek from both sides I don't know how anyone would sort out any sort of culpability for the property owners on either side. Since this is some very challenging tree work I might want to get some help with it. A friend, who use to climb trees and has all the gear, his father is/was an arborist, was looking at these trees with me yesterday. He stated in no uncertain terms that there was no way he would climb up into that canopy. I am guessing that I might have a very hard time finding professionals who would consider working in those areas. Even if I found someone who would take on the work I am afraid there is more than I could afford to pay to get fixed.

The only solution I can see is for me to drop or pull some of these trees into the creek bed, where I may be able to saw them into manageable logs. Most of the creek is very shallow. I have trees in the creek now I am thinking about pulling out. There are trees with their root balls at close to 90% to the creek surface still hanging from the bank. Some of these trees are still growing, putting up tall limbs right in the middle of the creek just above water level. I guess I will make another post on the rigging forum exploring how to rig pulleys so that I can pull logs & limbs up out of the creek with my tractor.