---
title: Duluth UDC § 1111.01 — Duluth
jurisdiction: duluth
governing_jurisdiction: Duluth
source_url: "https://www.duluthga.net/UDC_ADOPTED_9.8.2025_Amended_7-13-26.pdf"
effective_date: "2026-07-13"
as_of: "2026-08-13"
canonical: "https://www.gwindex.net/code/duluth/1111.01"
licence: "CC0-1.0"
---

# Duluth UDC § 1111.01

Clearing Permit, Clearing and Grubbing Permit, and Grading Permit

**Governing jurisdiction: Duluth.** A "Duluth, GA" mailing address is usually NOT in the City of Duluth. Unincorporated Gwinnett is 67.3% of the county's land area and is governed by a different code, a different board and a different permit portal. Resolve the governing jurisdiction before answering any zoning question.


- **Article:** 11 — Procedures and Permits
- **Pages in source:** 308–309
- **Adopted:** 2025-09-08
- **Amended through:** 2026-07-13
- **Source:** https://www.duluthga.net/UDC_ADOPTED_9.8.2025_Amended_7-13-26.pdf

## Text

1. Clearing Permit.
a. A permit limited to clearing only with no grubbing or other land disturbance (as defined in the

Georgia Soil Erosion, Sedimentation and Pollution Control Act) may be issued upon identification
of the property, the limits of the area to be cleared and the type of activities to be undertaken,
and approval of a Tree Protection/Replacement Plan as may be required under Section 1112. All
clearing activities are to be consistent with the provisions of this Development Code, the Soil
Erosion, Sedimentation and Pollution Control provisions of this Development Code, and any
conditions of zoning.
b. A clearing permit shall expire unless clearing activities commence within 60 consecutive calendar

days of issuance of the permit or if activities lapse and are abandoned for a period exceeding 30
consecutive calendar days.
c.
A clearing permit shall not be construed as approval of authorization to construct any
improvements, buildings, or other structures on the property.
2. Clearing and Grubbing Permit.
a. A clearing and grubbing permit may be approved based on approval of a Concept Plan and Tree

Protection/Replacement Plan (if required) for the development. Appropriate soil erosion and
sedimentation controls and tree protection measures shall be placed and maintained as
required.
b. A permit for clearing and grubbing shall expire unless activities commence within 60 days of

issuance of the permit or if activities lapse and the project is abandoned for a period exceeding
30 calendar days.
c.
A clearing and grubbing permit shall be limited to the removal of vegetation and stumps and the
placement of required tree protection measures and soil erosion and sedimentation facilities and
may authorize the removal of existing structures on the property at the option of the developer.
No grading or construction activities may be started under a clearing and grubbing permit. The
approval of a clearing and grubbing permit shall not imply the approval of or authorization to
construct any improvements, buildings, or other structures on the property.
3. Grading Permit.
a. A grading permit which may include clearing and grubbing, may be issued prior to approval of a

development permit, as provided under Article 10 of this Development Code. A grading permit
may also be issued for earth borrow or storage, where no development or construction is
proposed or imminent, based on approval of a grading plan, soil erosion and sediment control
plan, and hydrology study, consistent with the requirements of Section 1111, the zoning category
of the site, and the provisions of the Comprehensive plan (as applicable).
b. A grading permit shall expire unless activities commence within 60 consecutive calendar days of

issuance of the permit or if activities lapse and the project is abandoned for a period exceeding
30 consecutive calendar days. Any site for which the grading permit expires shall immediately be
stabilized to prevent erosion.

307 | P a g e

Article Eleven. Procedures and Permits

c.
A grading permit shall be limited in its authorization to land grading activities along with as-
sociated tree protection, clearing and grubbing, and demolition activities, and may authorize the
construction of storm drainage improvements and soil erosion and sedimentation facilities as
allowed by the permit.