The Georgia State Capitol was never my favorite place to advocate on behalf of rivers and clean water. With its hard marble floors and inadequate seating, the building is not a comfortable place to spend much time. Worse, it’s not easy to determine exactly what’s going on during the annual legislative sessions. The process by which bills are introduced, evaluated, and passed (or killed) is byzantine–perhaps intentionally so.
Despite my lack of enthusiasm, when the legislature convened for its forty-day session every January, I put on my business suit and joined the circus under the Gold Dome. As a registered lobbyist for more than twenty years, until I retired, I represented Chattahoochee Riverkeeper and its efforts to clean up and defend the river that flows through Atlanta, sustaining more than five million people with drinking water.
Lobbyists hang out on the third floor of the capitol, watching televisions that show the activity in each legislative chamber (House and Senate). This makes them accessible to legislators, who periodically dash out of their chamber doors to ask for advice or to meet with constituents. Public interest lobbyists who advocate for the environment, healthcare, families, education, and other progressive causes–uplift for everyone–can be found on the north side of the third floor. Business lobbyists dominate the south side of the building: a deep philosophical (and compensation) chasm between them.
Since 2005, when both the Georgia House and Senate became Republican majorities for the first time since Reconstruction, the Republican leadership has largely been controlled by pro-growth (at any cost) and anti-environmental interests. Prior to that time, environmental advocates frequently collaborated with Republican leaders, who understood that a healthy economy and environment are not mutually exclusive. Sadly, those days are long gone. Over the past two decades, and continuing today, environmentalists must primarily play defense under the Gold Dome.
A Major Pollutant
Eroded soil that flows off-site from development and road projects during storms is the most common pollutant in Georgia, threatening virtually every waterway. The cost to clean drinking water sources is higher when they’re contaminated with sediment and other harmful substances that attach to dirt particles. Public health is jeopardized when people recreate in muddy waters that carry high levels of bacteria. When clogged with eroded soil, fish and wildlife habitats are harmed and stormwater pipes break. Property values fall when adjacent streams fill with dirt.
During my years with Chattahoochee Riverkeeper, soil erosion and storm runoff issues dominated our workload at the state legislature, in the field, in our policy initiatives, and in our legal actions. The majority of the calls to our hotline were tips about dirty water flowing from construction sites into streets and storm drains leading to rivers and impacting downstream private property. Developers cut corners to save time and money. They ignored their approved plans and permit conditions by failing to install and maintain best management practices. They flagrantly violated clean water laws, hoping not to be caught by minimally staffed local governments. That said, some progress in stopping the flow of muddy water has been made over the years by clean water advocates, vigilant neighbors, and responsible developers.
Another Bite at the Apple
Last spring, at the end of the legislative session, a bill was filed on behalf of various real estate interests, purporting to address housing affordability. Sponsored by Rep. Mike Cheokas (R-Americus) and currently under consideration during the 2026 session, HB 812 would change (read: weaken) how cities and counties regulate land disturbance permits. About 240 local governments in Georgia manage and enforce erosion control laws, adhering to state standards developed through extensive negotiation and compromise over the past 35 years. These laws were adopted to protect public waters and downstream property owners.
The groups that are pushing HB 812 (Dirty Water Bill) blame local governments for delays in evaluating and permitting land disturbance projects, which they say cost them too much money and significantly raise home prices. Supporters of this bill include the Homebuilders Association of Georgia, Georgia Association of Realtors, Georgia Residential Land Development Council, and Association of General Contractors, among others.
In response, local officials say that developers often deliver incomplete and poorly prepared plans, use unlicensed engineers, and change their plans mid-review. They also note that large corporate syndicates, dominating the real estate market in metro Atlanta and elsewhere, submit plans with insufficient detail.
The Dirty Water Bill would allow a state agency to override local government decisions that require flexibility for consideration of regional differences in climate, soils, and development patterns. It would demand tighter deadlines for local staff to review applications–a virtual impossibility for complex commercial and industrial projects, including massive data centers. These facilities are already proving to be a problem for communities throughout Georgia. As one example, a data center under construction in the Flint River watershed (Fayette County) has repeatedly violated erosion control laws, turning nearby waterways red with mud.
There is a serious housing affordability and availability crisis in Georgia; however, arguing that the way to reduce the cost of a home is to pollute our waterways is irresponsible and unacceptable. What about higher interest rates and materials costs, the shortage of construction workers, and other factors that are increasing housing costs?
The Dirty Water Bill puts all the responsibility for improving the review process on local governments and state regulators, but none on the developer applicants. Put simply, the Dirty Water Bill–HB 812–is not in the public interest. As Flint Riverkeeper Gordon Rogers has said: “Relaxing this regulatory structure [erosion control laws], is a bad move for private property and Georgia’s waters.”
The Georgia Water Coalition is tracking HB 812 and other legislation. Consider participating in the coalition’s Capitol Conservation Day on Feb. 26.