---
title: Duluth UDC § 915.04 — 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/915.04"
licence: "CC0-1.0"
---

# Duluth UDC § 915.04

Easements

**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:** 9 — Project Design and Construction Standards
- **Pages in source:** 261–262
- **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. 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.