---
title: Duluth UDC § 836.05 — 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/836.05"
licence: "CC0-1.0"
---

# Duluth UDC § 836.05

Floodway Encroachments

**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:** 237
- **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

Located within areas of special flood hazard are areas designated as floodway. A floodway may be an extremely
hazardous area due to velocity flood waters, debris or erosion potential. In addition, floodways must remain free
of encroachment in order to allow for the discharge of the base flood without increased flood heights. Therefore,
the following provisions shall apply:

1. Encroachments are prohibited, including earthen fill, new construction, substantial improvements or
other development within the regulatory floodway, except for activities specifically allowed in (2) below.
2. Encroachments for bridges, culverts, roadways and utilities within the regulatory floodway may be
permitted provided it is demonstrated through hydrologic and hydraulic analyses performed in
accordance with standard engineering practice that the encroachment shall not result in any increase to
the pre-project base flood elevations, floodway elevations, or floodway widths during the base flood
discharge. A registered professional engineer must provide supporting technical data and certification
thereof; and,
3. If the applicant proposes to revise the floodway boundaries, no permit authorizing the encroachment into
or an alteration of the floodway shall be issued by the Planning and Development Department until an
affirmative conditional letter of map revision (CLOMR) is issued by FEMA and no-rise certification is
approved by Planning and Development Department.