The Georgia Metropolitan River Protection Act (MRPA) is a law that restricts the addition of patios, concrete, and other impervious surfaces within various zones along rivers including the Chattachoochee River in Forsyth County, Georgia.
MRPA creates zones by letter based on the flood elevation and distance or property from the Chattahoochee River. Each zone is assigned a percentage of allowed clearing and tree cutting and of allowed addition of coverage by structures. For example, a property owner can be restricted from cutting trees over a certain clearing allowance under the law depending on the zone in which the property is located. A property owner may also be restricted from adding structures, or "impervious surfaces" within the zone beyond a certain percentage of lot clearance.
The firm of Teague & Chambless, LLLP has handled various matters for property owners that are affected by MRPA's restrictions. MRPA creates a private right of action and legal standards for lot clearing and grading that affected property owners can enforce. Although the law has been on the books for decades, homeowner and others who move to areas on the river are often ignorant of the restrictions on their property and will grade and clear their property beyond the permitted MRPA clearing requirements often unaware that a prior property owner has already cleared the area to the maximum extent. A homeowner without awareness of MRPA can violate the law by simply cutting down more trees on a previously cleared lot.
In Forsyth County, MRPA is enforced through the Planning Department and the Georgia Mountains Regional Development Center (RDC).
Violations of MRPA can lead to criminal liability. Fines under MPRA are assessed on a per diem basis of more than $1000 per day. Violations of MRPA can also lead to civil liability. The fact that a property owner claims reliance on a land disturbance permit issued by mistake without MRPA compliance will not insulate that property owner from liability.
