Key Takeaways
- Georgia requires disclosure of known environmental hazards affecting property condition
- Wetlands are protected under both federal and Georgia Environmental Protection Division regulations
- Georgia has specific requirements for underground storage tank disclosure
- The Georgia Brownfield Program provides incentives for redeveloping contaminated properties
- Flood zone disclosure may be required by lenders though not mandated by Georgia law
Environmental Issues in Georgia Real Estate
Environmental concerns can significantly affect property value and transaction requirements.
Environmental Disclosure
While Georgia is a caveat emptor state, environmental issues have specific implications:
Agent Disclosure Requirements
Agents must disclose known environmental hazards that:
- Affect the property's physical condition
- Are adverse material facts
- Could not be discovered by reasonable inspection
Common Environmental Concerns
| Issue | Description |
|---|---|
| Lead-Based Paint | Federal disclosure required (pre-1978) |
| Asbestos | Common in older buildings |
| Underground Storage Tanks | Must disclose if known |
| Contaminated Soil | From prior industrial use |
| Wetlands | Protected areas limiting development |
| Flood Zones | May affect insurance and financing |
Georgia Environmental Protection Division (EPD)
The Georgia EPD regulates environmental matters:
EPD Authority
| Area | Regulation |
|---|---|
| Air Quality | Permits for emissions |
| Water Quality | Discharge permits |
| Land Protection | Hazardous waste |
| Solid Waste | Landfills and disposal |
Wetlands Protection
Georgia wetlands are protected under:
- Federal Clean Water Act (Corps of Engineers permits)
- Georgia Erosion and Sedimentation Act
- Coastal Marshlands Protection Act (coastal areas)
Impact: Development in wetlands requires permits and may be prohibited or restricted.
Underground Storage Tanks (USTs)
Georgia has specific regulations for underground storage tanks:
Disclosure and Registration
| Requirement | Detail |
|---|---|
| Registration | USTs must be registered with EPD |
| Disclosure | Known USTs should be disclosed |
| Removal | Must follow proper procedures |
| Contamination | Remediation may be required |
Leaking UST Program
If a tank has leaked:
- Property owner may be liable for cleanup
- EPD has a corrective action program
- May affect property value significantly
Georgia Brownfield Program
The Georgia Brownfield Program encourages redevelopment of contaminated sites:
Program Benefits
| Benefit | Description |
|---|---|
| Liability Protection | Prospective purchaser protection |
| Tax Incentives | Job tax credits, sales tax exemptions |
| Technical Assistance | EPD guidance on cleanup |
| Flexible Cleanup Standards | Risk-based approach |
Eligibility
- Properties with known or suspected contamination
- Not caused by current owner
- Voluntary cleanup commitment
Flood Zones and Insurance
Flood Zone Disclosure
| Requirement | Status in Georgia |
|---|---|
| State-mandated disclosure | Not required |
| Federal lender requirement | Required for federally-related loans |
| Standard practice | Often included in contracts |
Flood Insurance
- Required for properties in Special Flood Hazard Areas (SFHA)
- National Flood Insurance Program (NFIP)
- May significantly affect property affordability
Other Environmental Considerations
Radon
- Natural radioactive gas from soil
- No Georgia disclosure requirement
- Testing recommended, especially for basements
Mold
- No specific Georgia regulations
- May be disclosed as property condition issue
- Can affect habitability
Lead-Based Paint (Federal Requirement)
For homes built before 1978:
- Provide EPA pamphlet
- Disclose known lead hazards
- Allow 10-day inspection period (can be waived)
- Use proper disclosure forms
Which agency regulates environmental matters in Georgia?
What does the Georgia Brownfield Program provide for redeveloping contaminated properties?
Is flood zone disclosure required by Georgia state law?
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