Gwinnett Index

Duluth UDC § 915.04

Easements

Governing jurisdiction
Duluth

Land inside these city limits is governed by Duluth's own code and boards. A "Duluth, GA" mailing address is not proof of being inside them — most such addresses fall in unincorporated Gwinnett.

Boundary: US Census TIGERweb (Incorporated Places, ACS 2025 vintage), vintage 2025.

Article
9 — Project Design and Construction Standards
Pages in source
261–262
Adopted
2025-09-08
Amended through
2026-07-13
Source
Adopted PDF

Text

1. Temporary construction easements and permanent easements for public utilities, drainage or other public facilities shall be dedicated to the City of Duluth or Gwinnett County, as applicable, in accordance with City Requirements. All easements shall be stabilized in accordance with the Manual for Erosion and Sediment Control in Georgia (current edition). 2. Drainage easements are required for any part of the drainage system which is designed to carry storm water runoff from or between more than one parcel, existing or proposed. a. Drainage easements for improved ditches, pipe construction, and detention facilities shall be cleared, opened, and stabilized at the time of development to control surface water run-off (See also the Erosion Control and Stormwater Management Article of this Development Code). b. Runoff slope and side slopes shall be specified by the Developer's Engineer, according to best engineering practice. 260 | P a g e Article Nine. Project Design and Construction Standards c. Drainage easements for storm drainpipes that carry water shall be provided according to the minimum requirements specified in Table 9-B below, and shall conform to City Standards, and be centered over the conveyance system. d. The minimum easement width shall be based on the pipe diameter (span) plus 2 feet, plus two times the pipe invert depth, but shall not be less than 20 feet. This value shall be rounded up to the nearest 5 feet. For pipes exceeding 16 feet in depth, a pre-conference should be held with the City to determine what additional requirements may be required. e. Drainage easements shall be provided where a development is traversed by or contains a water course, impoundment, detention facility, improved channel, floodplain, natural stream or channel. It shall conform substantially to the flooding limits of the 100-year storm based on fully developed conditions per the Land Use Plan but shall be no less than 20 feet in width. f. Drainage easements off the street right-of-way shall be clearly defined on the Final Plat. The property owner will be required to keep the easement free of obstruction in such a way as to assure the maximum designed flow at all times. The property owner shall not alter any drainage improvements without the prior written approval from the City. No structure shall be constructed or erected in an easement without the prior written approval from the City. Driveways shall cross an easement as close to perpendicular as practical. Property owners may plant landscaping (turf grass, ornamental grass, shrubbery under two feet in height at maximum growth) in an easement that is piped; however, the City is not responsible for replacing the landscape material located in the easement when it is removed to maintain the drainage system. No trees shall be planted in a drainage easement.