Title 12, Chapter 7, Section 3
As used in this chapter, the term:
(1) "Board" means the Board of Natural Resources.
(2) "Buffer" means the area of land immediately adjacent to the
banks of state waters in its natural state of vegetation, which
facilitates the protection of water quality and aquatic habitat.
(3) "Commission" means the State Soil and Water Conservation
(4) "Director" means the director of the Environmental Protection
Division of the Department of Natural Resources.
(5) "District" means any one of the soil and water conservation
districts of this state.
(6) "Division" means the Environmental Protection Division of the
Department of Natural Resources.
(7) "Drainage structure" means a device composed of a virtually
nonerodible material such as concrete, steel, plastic, or other
such material that conveys water from one place to another by
intercepting the flow and carrying it to a release point for
storm-water management, drainage control, or flood control
(8) "Erosion and sediment control plan" or "plan" means a plan for
the control of soil erosion and sediment resulting from a
(9) "Issuing authority" means the governing authority of any county or municipality which is certified pursuant to subsection (a) of Code Section 12-7-8 and the division in those instances where an application for a permit is submitted to the division.
(10) "Land-disturbing activity" means any activity which may result in soil erosion from water or wind and the movement of sediments into state water or onto lands within the state, including, but not limited to, clearing, dredging, grading, excavating, transporting, and filling of land but not including agricultural practices as described in paragraph (5) of Code Section 12-7-17.
(11) "Person" means any individual, partnership, firm,
association, joint venture, public or private corporation, trust,
estate, commission, board, public or private institution, utility,
cooperative, state agency, municipality or other political
subdivision of this state, any interstate body, or any other legal
(12) "Roadway drainage structure" means a device, such as a
bridge, culvert, or ditch, composed of a virtually nonerodible
material such as concrete, steel, plastic, or other such material
that conveys water under a roadway by intercepting the flow on one
side of a traveled way consisting of one or more defined lanes,
with or without shoulder areas, and carrying water to a release
point on the other side.
(13) "Soil and water conservation district approved plan" means an
erosion and sediment control plan approved in writing by a soil
and water conservation district.
(14) "State waters" includes any and all rivers, streams, creeks,
branches, lakes, reservoirs, ponds, drainage systems, springs,
wells, and other bodies of surface or subsurface water, natural or
artificial, lying within or forming a part of the boundaries of
the state, which are not entirely confined and retained completely
upon the property of a single individual, partnership, or