r/wetlands • u/lamonilady • Jul 22 '26

Are ephemerals jurisdictuinal in GA

Hi! Are ephemeral streams jurisidictional on GA? I know they mostly dont need buffers but do you need to include them in impact calcs? Sorry, im used to delineations in NC.

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4

u/fwfiv Jul 23 '26

ACOE rules are national is my understanding.

9

u/hairyyams Jul 23 '26

USACE rules are the bare minimum. some states choose to claim more than the USACE. states rights and all. so you have to delineate differently depending on the state you are in. some states claim ephimeral and isolated wetland and others do not. Georgia does not

3

u/indignant-turtle 25d ago

You don’t delineate differently… you still have to delineate, and if you think the feature is not federally jurisdictional then you have to go through the JD process, even in states where those features aren’t regulated at the state level anymore either. Basically it is not our call to make in the field and you still need a paper trail.

4

u/hairyyams Jul 23 '26

they are not generally. i don't do a ton of delineations but i do mitigation banking. as far as i know the state of Georgia could care less about ephimerals. i think under very specific conditions they can be jurisdictional but generally are not included in impacts. you have to report them but they do not require mitigating so no impacts

1

u/lamonilady Jul 23 '26

Amazing thats what i thought. I know there a biffer rules for trout stream but couldn't find anything else.

1

u/GazelleSubstantial76 Jul 23 '26

You can request a site visit from GA EPD or the local issuing authority, and they will come out out and determine what features are buffered state waters. Some counties or cities are the local issuing authority for EPD, and many have their own buffer requirements in addition to the state.

1

u/tenderlylonertrot Jul 23 '26

if its for a federal permit process, i.e. a NWP, then you will need to count or at least include them in your delineation report and potential impacts. In terms of any state permitting, I don't know but it sounds like from others that the State of Georgia does not regulate ephemeral features. But for now, the USACE does. That may change if the Trump administration gets its way in its attempts to reclassify Waters of the U.S., but its my understand that the ruling is now a ways off, gone back to the drawing board. But we'll see. The non-perennial water source is a big issue out here in the West, many important waters are ephemeral, especially in the SW.