Erosion Control Performance Bond - City of Atlanta, Fulton and Dekalb Counties, GA in Georgia

Brief Summary

Atlanta can hold back a land disturbance permit until the applicant posts security for erosion and sediment control. A surety bond meets that demand for a premium instead of locking up cash for the life of the grading work, so the money stays available for the project.

The City of Atlanta, which lies in both Fulton and DeKalb Counties, acts as the local issuing authority for land disturbance permits. Georgia Code Section 12-7-7(f)(2) lets a local issuing authority require a bond before the permit is issued, capped at $3,000 per acre of proposed land disturbing activity. If the permit holder does not comply, the City can call the bond and use the money to hire a contractor to stabilize the site.

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How to Apply for a Erosion Control Performance Bond:

• Calculate the disturbed acreage shown on the erosion and sediment control plan.
• Get the required bond amount and bond form from the City of Atlanta Department of Watershed Management.
• Have the permit applicant's legal name and site address exactly as shown on the permit application.
• Apply for the bond and provide company and owner financial information.
• Deliver the signed original bond to the City before the land disturbance permit is issued.
• Keep the site in compliance until the City releases the bond.

Detailed Information About the Georgia Erosion Control Performance Bond:

The amount is tied to acreage

The most common mistake is guessing a flat figure. Georgia Code Section 12-7-7(f)(2) caps an erosion control bond at $3,000 per acre of the proposed land disturbing activity, and a local issuing authority may require any amount up to that cap. The bond is posted before the land disturbance permit is issued. Ask the City of Atlanta for the exact figure on your permit.

Who enforces it in Atlanta

The Department of Watershed Management handles soil erosion and sedimentation control for the City and enforces state law and City codes on erosion and sedimentation. Applicants submit their documents to the City to obtain the applicable permits. Because Atlanta crosses the Fulton and DeKalb County line, a site inside city limits deals with the City, not the county, for this permit.

What the bond guarantees

The developer or permit holder promises to comply with Section 12-7-7 and the conditions of the permit. If it does not, the statute lets the City call all or part of the bond and use the proceeds to hire a contractor to stabilize the site and bring it into compliance.

Confirm the form of security

The statute lists government security, cash and irrevocable letters of credit as forms of security. Before buying a bond, confirm with the Department of Watershed Management that a surety bond is accepted for your permit and which bond form the City requires.

Eligibility and Requirements for a Georgia Erosion Control Performance Bond:

• City of Atlanta named as obligee.
• Bond amount not exceeding $3,000 per acre of proposed land disturbing activity under O.C.G.A. 12-7-7(f)(2).
• Compliance with Section 12-7-7 and every condition of the land disturbance permit.
• Bond subject to forfeiture so the City can pay a contractor to stabilize the site.
• Credit and financial review by the surety, which sets the premium.

Georgia Erosion Control Performance Bond FAQs:

Official and Additional Resources for the Georgia Erosion Control Performance Bond: