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Bartow County can hold your land disturbance permit until erosion and sedimentation security is posted. A surety bond, where the county accepts one, lets you meet that requirement for an annual premium instead of tying up cash for the life of the project.
Bartow County, as the local issuing authority for land disturbance permits, may require a bond before it issues a permit for land-disturbing activity. Georgia law caps that bond at $3,000 per acre of proposed land disturbance, so the amount is set by the size of your project, not a single flat figure.
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The figure most people get wrong is the bond amount. Under O.C.G.A. 12-7-7(f)(2), a local issuing authority such as Bartow County may require the permit applicant to post a bond before the land disturbance permit is issued, in an amount up to, but not exceeding, $3,000 per acre of the proposed land-disturbing activity. A small lot and a large subdivision will carry very different bond amounts. The county sets the figure for your project within that ceiling.
The bond backs your promise to install and maintain the erosion and sedimentation control measures in your approved plan. If the permit holder fails to comply with the statute or the permit conditions after the permit issues, the county may call all or part of the bond and use the proceeds to hire a contractor to stabilize the site and bring it into compliance. The permit holder then owes the surety for whatever it paid.
The statute lists government security, cash and an irrevocable letter of credit as forms of security. Ask the Bartow County office that issues land disturbance permits to confirm that a surety bond is accepted, the bond form it wants and the amount it has set for your acreage before the bond is issued. Georgia law also lets the county deny a permit to an applicant with two or more violations of prior permits within the three years before filing.
It depends on your acreage. Georgia law lets the county require up to $3,000 per acre of proposed land disturbance. The county sets the exact figure for each permit.
Before the land disturbance permit is issued. The county can withhold the permit until the security is posted.
The county may call all or part of the bond and use the money to hire a contractor to stabilize the site. The surety then seeks repayment from the permit holder.
The surety prices the bond from the bond amount, the size and type of project, and the applicant's credit and financial strength.
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