Updated November 9, 2026
The 1-acre rule
Georgia’s Erosion and Sedimentation Act covers “land disturbing activities” like clearing, grading and excavation. In general, disturbing one acre or more requires a land disturbance permit from your county or city, along with an erosion and sediment control plan. Larger projects may also need coverage under the state stormwater permit for construction sites.
Some counties and cities require a permit for smaller areas than that, so the local rule is the one to check. There are also limited exemptions, such as certain single-family homes built for the owner’s own use, but they come with conditions.
Stream and water buffers
State law protects a buffer along streams and other state waters: generally 25 feet, and 50 feet along trout streams. Clearing or grading inside a buffer usually needs a variance. Many local governments add wider buffers of their own. If your project is anywhere near a creek, pond or wetland, check this first.
Call 811 before anyone digs
Georgia law requires a locate request through Georgia 811 before digging, so buried gas, power, water and communication lines can be marked. It is free. Submit the request a few business days ahead of the work. Georgia 811 lists the current notice period and rules. Private lines, like a water line from your well or power to a shop, are not marked by 811, so tell your contractor where they are.
Other permits that come up
- Driveways: connecting to a county or city road usually needs a permit. State routes are permitted through GDOT.
- Demolition: many counties require a permit to tear down a structure, and utilities have to be disconnected first.
- Retaining walls: taller walls, or walls holding up a driveway or building, often need an engineered design and a building permit.
- Burning: outdoor burning has seasonal bans and rules. Check with the Georgia Forestry Commission.
Who handles the permit?
Permits are the property owner’s or builder’s responsibility. We are glad to tell you what is typically needed for your kind of project in your county and to work from an approved plan. For the final word, contact your county’s planning, development or engineering office before work starts.
This guide is general information, not legal advice, and rules change. Always confirm with your local government.
Common questions
Do I need a permit to level my backyard?
Usually not for a small residential yard project under an acre, but some counties and cities set lower limits and stream buffers still apply. Check with your local government.
What happens if I grade without a required permit?
Local governments can issue stop-work orders and fines, and may require the site to be stabilized or restored. It is much easier to check first.
Do I need to call 811 for a small project?
Yes. Georgia law requires a locate request before mechanized digging, no matter how small the job is.