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Old 11-12-2009, 06:23 PM
 
2 posts, read 3,291 times
Reputation: 10

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Who can I contact about a landscaping issue with a neighbor whose yard was relandscaped and now my yard is flooding ?? I have already contacted city and state officials and because it is private property, they can do nothing...I live in an HOA and the covenants prohibit relandscaping against the original lay of the property...The HOA is dragging their feet on this matter, so I need to know the laws in Georgia on something like this....I'm desperate for help !!!!!
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Old 11-13-2009, 10:57 AM
 
Location: Johns Creek, GA
17,475 posts, read 66,054,754 times
Reputation: 23626
Depending on which municipality or county you live in there maybe differences to this:

http://www.cicacenter.org/pdf/GAESControlRule.pdf

But, those differences are no less than what is stated within. The Georgia EPD is the basic governing body.
In the link- find the section titled, "Turbidity Limits For Stormwater...", that's your law! Whoever you had contact with at the local authority was trying to wash their hands. They don't want to get involved in something that will probably end up in court. Mainly because they didn't get involved when the soil was disturbed at the beginning.
Generally, most convening authorities require permits for any land disturbance. Especially a project that dramatically changed the drainage of a lot. If the L/S company was required to get one and didn't, that would be a violation in itself.
This is all based on the information at hand- not knowing the condition before- and the severity of the changes done.
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Old 11-13-2009, 11:00 AM
 
2,685 posts, read 6,047,654 times
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Maybe a stupid question, but have you contacted your neighbor? What do they say?
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Old 11-13-2009, 04:50 PM
 
2 posts, read 3,291 times
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Quote:
Originally Posted by noah View Post
Maybe a stupid question, but have you contacted your neighbor? What do they say?
Yes I have....their reply was that they could do whatever they wanted !!!!! Not true !!!!!!
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Old 11-13-2009, 07:57 PM
 
2,685 posts, read 6,047,654 times
Reputation: 952
Hmm. Based on that it may be time to consult a lawyer who specializes on these issues. Get some initial advice and then maybe a letter from the lawyer will get them to behave. Was this work approved by the HOA? Do the convenants require approval before doing the work?

Quote:
Originally Posted by smith1955 View Post
Yes I have....their reply was that they could do whatever they wanted !!!!! Not true !!!!!!
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