---
title: Duluth UDC § 804.03 — 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/804.03"
licence: "CC0-1.0"
---

# Duluth UDC § 804.03

Exemptions

**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:** 8 — Environmental Protection
- **Pages in source:** 218–219
- **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

The following specific activities are exempt from Section 804.02; however, any activity within a state waters’ buffer
must meet State requirements:

217 | P a g e

Article Eight. Environmental Protection

1. Pervious surface multi-use trails no more than 12 feet in width and activities related to construction of a
multi-use trail no more than 12 feet width, provided the trail complies with the requirements of the Soil
Erosion, Sedimentation and Pollution Control section of Article 10 of this Code.
2. Detention/water quality ponds provided said ponds comply with all other local, state and federal
requirements including but limited to the Flood Damage Prevention section of this Article, the Soil
Erosion, Sedimentation and Pollution Control section of Article 10 of this Development Code, and U.S
Army Corp of Engineers wetlands regulations in this Article.
3. Additional Information Requirements for Development on Buffer Zone Properties. Any permit applications
for property requiring buffers and setbacks hereunder must include the following:

a. A Site Plan Showing:

i. The location of all streams on the property.
ii. Limits of required stream buffers and setbacks on the property;
iii. Buffer zone topography with contour lines at no greater than 2-foot contour intervals;
iv. Delineation of forested and open areas in the buffer zone; and,

v. Detailed plans of all proposed land development in the buffer and of all proposed

impervious cover within the setback;
b. A description of all proposed land development within the buffer and setback; and,
c.
Any other documentation that the Planning and Development Department may reasonably deem
necessary for review of the application and to ensure that the buffer zone requirements are
addressed in the approval process.
d. All buffer and setback areas must be recorded on the final plat of the property following plan

approval.