When Does a Dam Need a Permit in Georgia?
The threshold question in Georgia is whether the dam is regulated at all, and the answer turns on a size test paired with a consequence test. Both are below, from O.C.G.A. §§ 12-5-370 et seq. and Ga. Comp. R. & Regs. 391-3-8 (Rules for Dam Safety).
When a Georgia dam is regulated at all
Rule 391-3-8-.02(h) makes a dam regulated when it meets a size threshold and poses probable loss of life:
| Test | Threshold |
|---|---|
| Height | 25 feet or more, measured from the streambed to the maximum water storage elevation |
| or Storage | 100 acre-feet or more |
| and Consequence | Failure would result in probable loss of human life (Category I) |
Georgia does not run a three-tier programme with lighter duties at the bottom. It regulates Category I dams only. A dam that is large but has no occupied structure in its failure zone is Category II — outside the programme, not lightly inside it.
That makes the Category I / Category II determination the single decision that matters in Georgia, and it means a change downstream — one house built in the failure zone — can pull a previously unregulated dam into the programme in full.
Permits
Rule 391-3-8-.05 requires a permit before constructing or operating a regulated dam. Applications go on forms prescribed by the Division, which may require plans, specifications and other information it considers relevant. Permits do not transfer between persons or between dams without the Director's approval — a point that catches property transactions, where the buyer assumes the permit comes with the land.
Scope. General information about Georgia dam safety regulation, read from primary sources and current as of 2026-08-28. Not an engineering opinion about any specific structure and not legal advice. Requirements change when the legislature amends the Georgia Safe Dams Act of 1978 or the rules are revised — confirm against the current text of O.C.G.A. §§ 12-5-370 et seq. and Ga. Comp. R. & Regs. 391-3-8 (Rules for Dam Safety), and contact the Georgia Environmental Protection Division for a determination that binds.