Georgia's fuel regime: state tanks, local zoning
Georgia splits a fuel site in two. The state governs the tanks, the land disturbance and any driveway on a state route. Counties and cities decide whether a convenience store with fuel pumps may go on the parcel, and on what conditions. A Georgia gas station site plan starts by finding which government zones the land, then layers the state rules over it.
Georgia runs an EPA-approved tank program (40 CFR 282.60) [6] through the EPD Land Protection Branch under Ga. Comp. R. & Regs. 391-3-15 [7]. The tank layer reaches the site plan through the fill points, the tanker path and the equipment pad, and through a fixed run of filings with EPD.
| Tank layer | Georgia rule |
|---|---|
| Notification | Form 7530 with the Checklist for New UST Installations [8, 9] |
| Registration | "within 30 days of an ownership change or addition of new tanks," and annually "between August 1 and December 31," via GEOS [4] |
| Form 7530 package (Rev 2/2025) | Registration within 10 business days of Form 7530 processing; inspection within 2 months [8] |
| Equipment | Chapter 391-3-15 as amended effective December 15, 2017: overfill alarms, and secondary containment with interstitial monitoring for new tanks and piping [7, 10] |
| Installation records | Tank and piping documents (manufacturer, model, material, capacity) and overfill and spill bucket tests [9] |
| Fund | GUST Trust Fund: Environmental Assurance Fee of $0.0075 per gallon since July 1, 2013, and a $10,000 deductible [3], which needs its own financial assurance mechanism [7] |
| Operators | New Class A and B operators pass the Georgia UST Operators Examination within 30 days of taking responsibility [7]; at least one Class C operator keeps training records onsite [8] |
| Metro Atlanta | Stage I EVR test in Gwinnett, Forsyth, Cherokee, Henry and other metro counties; compatibility log above 10% ethanol or 20% biodiesel [9] |
The site itself carries a second set of state rules, and each one moves a line on the plan.
| Site layer | Georgia rule |
|---|---|
| Land disturbance | Permit at 1.0 acre disturbed, or under 1 acre within 200 ft of state waters; a certified Local Issuing Authority issues it, otherwise EPD [5] |
| Construction stormwater | GAR100001 for stand-alone sites; a Notice of Intent at least 14 days before construction, an ES&PC Plan, a posted site notice and a Notice of Termination at completion [11]; $80.00 per disturbed acre, split $40 EPD and $40 LIA where a certified LIA exists [12] |
| State waters | 25 ft buffer along state waters, 50 ft along trout streams (O.C.G.A. 12-7-6) [13] |
| Water supply watersheds | 100 ft buffers on tributaries within 7 miles of an intake, plus a 150 ft impervious setback [14] |
| Chattahoochee corridor | 2,000 ft corridor; 50 ft undisturbed buffer and 150 ft impervious setback along the river; 35 ft along tributaries [15] |
| State routes | GDOT driveway permit through the District Access Management office and GPAS [16] |
State routes: the access geometry GDOT fixes on the plan
On a state route, GDOT draws much of the front third of a fuel site. The governing document is the Regulations for Driveway and Encroachment Control, Rev. 5.9 (6/8/2026), whose Chapter 2 sets the permit procedure [17]. The numbers below decide where the canopy can sit and how a tanker enters and leaves.
| Item | GDOT standard | Section |
|---|---|---|
| First internal movement | 200 ft from the roadway; 100 ft on lots less than 500 ft deep [2] | 3A-3 |
| Radius return from the property line | 4 ft minimum [2] | 3A-2 |
| Commercial driveway | Defined as 24 ft or larger, two-way [18] | Definitions |
| Commercial driveway width | One-way 16 to 20 ft; two-way 24 to 40 ft [19] | Ch. 4, 4B |
| Left turning control radius, commercial | 50 ft [18] | Table 4-3 |
| Median crossover spacing, urban | 1,000 ft minimum, 2,000 ft preferred [2] | Table 3-2 |
| Signal spacing | 1,000 ft recommended minimum [2] | Table 3-3 |
| Intersection sight distance, 45 mph, 2 lanes | 500 ft [2] | Table 3-4 |
| Right-turn deceleration at 65 mph | 350 ft lane plus 100 ft taper [20] | SR 400 Appendix G |
| Traffic impact study | Required above 2,000 gross daily trips; stamped by a Georgia PE [17] | 2D |
| Performance bond, 40 to 45 mph, one turn lane | $50,000 rural or $70,000 urban; add $120,000 for a new signal [17] | Table 2-1 |
| Permit decision | Goal of 20 working days after a complete submittal [17] | Ch. 2 |
Spacing alone does not earn a curb cut: "Meeting the spacing criteria is not, in itself an indication that driveways or additional driveways will be allowed for a site" [2]. GDOT invites a "preliminary site plan" at concept review (Section 2A-3) and asks for plan sheets of 24 x 36 at 1 inch = 20 ft (Section 2C-1) [17]. On a corner lot, the 200 ft throat and the tanker's turning path usually push the canopy deep into the parcel, so they are drawn before the store is placed.
Who approves and who seals
Under O.C.G.A. 36-66, rezonings are legislative acts [21]. Since the 2022 amendments (HB 1405), variances, special exceptions and conditional use permits are quasi-judicial decisions, and a quasi-judicial delegation requires a hearing with at least 30 days' notice [22]. Counties zone unincorporated land and cities zone inside their limits, so annexation can change both the zoning authority and the development rules for a parcel. In Gwinnett, property de-annexed from a city keeps its municipal zoning only where the county and the city share a common zoning ordinance; otherwise a public hearing sets the zoning (UDO Sec. 200-90) [1].
Georgia states plainly which sheets carry a seal. Boundary surveys and plats for recording are prepared and sealed by a Georgia-registered land surveyor under Board Rule Chapter 180-7 and the Plat Act, O.C.G.A. 15-6-67 [23]. The erosion, sedimentation and pollution control (ES&PC) plan is prepared by a certified "Design Professional" under O.C.G.A. 12-7-9 [24]. O.C.G.A. 43-15-24 requires a PE, architect or structural engineer seal on works that could affect public safety, with a carve-out for completed cost under $100,000 or exclusively private or farm use [25]. For the store itself, O.C.G.A. 43-4-14 lists single-story buildings of not more than 5,000 sq ft among those whose construction documents need no architect's seal, with assembly, educational, health care, hotel, multifamily and care occupancies excepted [26]. The state minimum codes are the 2024 ICC family with Georgia Amendments and the 2023 NEC, effective January 1, 2026 [27].
At the zoning stage in Gwinnett the site plan is conceptual. The submittal needs a boundary survey by a registered surveyor and a Traffic Impact Study by a GDOT-prequalified engineer in Area Class 3.06 [28]. The pre-application step asks for "uploading a concept plan on the ZIP Portal" [28], and the RZC2023-00002 zoning plan was marked as conceptual and not released for construction [29]. The preliminary plan is the exhibit for that hearing and the base the engineer of record builds the sealed development set on; the preliminary vs final site plan guide covers that handoff.
Gwinnett County: the record in brief
The Gwinnett County gas station and c-store model project carries the full approval path, fees, comparables and site data. The points that decide whether to buy the parcel are short.
- Use. By right in C-3, Special Use Permit in C-2, not allowed in C-1 (Table 211-80) [1]. Inside the Gateway 85 Overlay the use needs a Special Use Permit in C-2 and C-3 and is prohibited in C-1 (UDOA2023-00002, adopted June 27, 2023) [30].
- Gateway 85 layout. Driveways may not be placed on a Priority Corridor when access is available from a right-of-way that is not one, and parcels of 2 ac or more add a 5 ft walkway with 5 ft landscape strips on each side [30].
- Fee and docket. The SUP fee is $1,000 for 0 to 5 acres plus $100 per concurrent variance or waiver [31]. The Board of Commissioners "has limited the number of rezoning requests considered at their public hearings to fourteen (14) per month, the number of special use permit requests to eight (8) per month" [28].
- Record. The Board denied SUP2024-00015 (3.12 ac C-2) on 6/25/2024 by 5-0 [32], after the Planning Commission tabled it from May 7 to June 4, 2024 [33], and denied SUP2025-00010 (0.94 ac C-2) on 5/20/2025 by 5-0 [34].
- Staff findings. In CIC2023-00020, staff cited "limited maneuverability for any fuel truck entering the site" and noted that "Two convenience stores with fuel pumps are located just across Ridge Road." [35]
- Overlay rules quoted in that report. In the Mall of Georgia overlay, "Freestanding buildings or shopping center developments containing 7,500 gross square feet of space or less shall provide no more than 20 percent of parking areas in the front of building and be limited to no more than one double row of parking," and sites must "Provide interparcel vehicle access points between all contiguous commercial, office, industrial or attached residential tracts." [35]
- Conditions staff drafts. The RZC2023-00002 staff conditions held the building and canopy to Architectural Design Category 3, prohibited outdoor loudspeakers, screened stormwater facilities from the right of way and neighbors, limited hours to 7:00am to 11:00pm daily, and revised access to right-in only on the arterial [29].
- Canopy design. "All under canopy lighting for gas/service islands must be fully recessed fixtures," and canopy fascia panels are opaque, never back lit translucent, in the main color of the adjacent building [36]. Category 2 to 4 designs need Director approval before the building permit, and alternates go to the Planning Commission as Alternative Architectural Review [36].
- Site services. A Sewer Capacity Certification is required for commercial developments over 10,000 SF [28]. Stormwater design follows a county manual equivalent to the 2016 Georgia Stormwater Management Manual [37], whose runoff reduction standard retains the first 1.0 inch of rainfall and, where that is not fully achievable, treats the remaining runoff from the 1.2 inch event [38]. The engineer of record sizes those facilities; the preliminary plan reserves their footprint.
Metro Atlanta and other Georgia cities
Inside the City of Atlanta, a fuel site in an SPI district, the BeltLine overlay or an LW, MR, MRC, NC, I-Mix or Unified Development Plan district needs a Special Administrative Permit before a building permit can be filed [39]. By code the initial SAP review runs within 30 days of a complete application, and size can extend it [40]; the Concept Review Committee holds pre-submission meetings during design [41]. In Midtown's SPI-16 district the application carries a site plan, a landscape plan and elevations of each exterior facade (Sec. 16-18P.004) [42]. The Atlanta metro page maps which city or county governs each part of the region, and the Georgia state page covers the statewide overlays in full.
Cities inside Gwinnett run their own Special Use Permits, and they have approved fuel sites that came with design commitments. The Duluth City Council approved an SUP at Buford Highway and GA 120, the former Valero station and car wash site, after the city spent "over the last 12 months" working with the applicant on a new master concept plan; Duluth required "removal of the car wash... sidewalks around the perimeter, wrapping the concrete building and pillars with brick, and providing a dumpster enclosure" (AJC, March 23, 2021) [43].
Some Georgia cities write the separation into the code. Rome's Convenience Store and Gas Station Development Standards keep a station 600 ft from schools, day cares and churches (reducible to 300 ft in planned centers), 1,000 ft from other convenience gas stations and 300 ft from single-family zoning [44]. A Rome site plan therefore starts with radius rings, before the parcel is even tested for pumps.
Local land disturbance fees sit on top of the state Notice of Intent fee. Savannah charges an erosion control fee of $40 per disturbed acre to the city and requires the NOI to EPD; Augusta charges $55.00 per disturbed acre (effective 5/1/2019) [45]. Cobb County's fee schedule effective 7/1/2024 prices new commercial building permits at $7.00 per $1,000 of construction cost [45], and Cherokee County's land disturbance permit covers clearing or grading of 1 acre or more, with an Erosion Control Permit below that [46].
A c-store that adds a car wash picks up the regional water rules. Hapeville's ordinance recites that the Metropolitan North Georgia district "has mandated that all jurisdictions in the District's geographical area implement said model ordinance," and that Georgia EPD rule Chapter 391-3-31 "recommends that a minimum of fifty (50) percent of the water utilized by a conveyor car wash be recycled"; its Code Sec. 69-2-20 requires new conveyor washes to recycle at least fifty (50) percent of wash and rinse water [47]. In Fulton County, car and truck washes need pretreatment approval, and for reclaim washes "manufacturer product sheets and sand trap sizing must be submitted" [48]. The car wash site plan hub sets out stacking and vacuum geometry for that add-on.
Fuel siting numbers: Georgia and the model codes
Georgia's fire code is the 2024 International Fire Code, adopted by the Safety Fire Commissioner [27]. The distances below come from the IFC and NFPA 30A as other jurisdictions adopted and published them, so the plan is checked against the edition the local fire marshal applies.
| Item | Value | Source |
|---|---|---|
| Dispenser to adjoining buildable lot lines | 10 ft; 5 ft from building openings | IFC Ch. 23 as adopted in Virginia, 13VAC5-52-280 [49] |
| Dispenser to buildings with combustible or non-rated walls | 10 ft or more | IFC 2303.1 item 2 [50] |
| Dispenser to fixed ignition sources | 20 ft or more | IFC 2303.1 item 5 [50] |
| Nozzle reach | Fully extended hose must not reach within 5 ft of building openings | IFC 2303.1 items 3 and 4, Seattle 2021 edition [51] |
| Emergency shutoff | Within 100 ft of, but not less than 20 ft from, dispensers | IFC 2303.2 [50]; NFPA 30A-2021 §6.7, the edition adopted in New Hampshire [52] |
| Fire extinguisher travel | 75 ft maximum | NFPA 30A-2021 §9.5.2.7, as adopted in New Hampshire [52] |
| Physical protection | Dispensers within 10 ft of vehicle traffic sit on a 6 in concrete island | 13VAC5-52-280 [49] |
| Vapor processing | 10 ft from buildings or buildable lot lines; 20 ft from dispensers | IFC 2306 as amended in Virginia [49] |
| Smoking and open flames | Prohibited within 20 ft of dispensers | IFC 2305.4, Virginia text [49] |
Canopy lighting shows how Georgia differs. Gwinnett regulates the fixture: fully recessed [36]. Other codes regulate the light level: SeaTac caps canopies at 22 fc [53], Hartland Township raised its fuel canopy maximum from 10 fc to 20 fc [54], and Waukee allows a 35 fc average [55]. For a diesel or travel center program, the truck stop site plan hub compares truck parking and fueling layouts.
What the preliminary plan carries, and what the engineer of record adds
| On the preliminary site plan | Added by the engineer of record |
|---|---|
| Store, canopy and pump islands, with the aisle widths staff confirm at pre-application | Grading, hydrology and runoff reduction calculations |
| GDOT throat, radius returns and driveway widths drawn against the frontage | GDOT or county access design, traffic study and permit |
| Fuel truck path from entry to tank fill and out | UST system design and the Form 7530 package |
| Buffers, landscape strips, dumpster enclosure and the stormwater footprint | ES&PC plan by a certified design professional |
| Site data table: acreage, zoning, coverage, parking required against provided | Sealed civil set; sealed boundary survey and plat |
| Color elevations of all sides, the canopy included, for the hearing | Building and fire permit drawings |
Gwinnett asks for scaled color elevations of all sides with a material and color legend, and "Elevations meeting these requirements are also required for proposed canopies." [28] The preliminary site plan is the drawing the hearing reads; send the parcel to start a Georgia site.
Frequently asked questions
Can I build a gas station by right in Georgia?
Zoning is local, so it depends on the parcel. In unincorporated Gwinnett County a convenience store with fuel pumps is permitted by right in C-3, needs a Special Use Permit in C-2 and is not allowed in C-1 [1]. Inside the Gateway 85 Overlay it needs a Special Use Permit even in C-3 [30]. Rome sets distance rules instead: 600 ft from schools, day cares and churches, 1,000 ft from other convenience gas stations and 300 ft from single-family zoning [44].
What does Georgia EPD require for new fuel tanks?
Form 7530 with the Checklist for New UST Installations [8, 9], registration within 30 days of adding new tanks and annual registration between August 1 and December 31 [4], the GUST Trust Fund fee of $0.0075 per gallon with a $10,000 deductible [3], and Stage I EVR testing in metro-Atlanta counties [9].
Do I need a land disturbance permit for a gas station site?
Do I need a GDOT permit for the driveways?
Who seals what on a Georgia fuel site?
Boundary surveys and recordable plats are sealed by a Georgia-registered land surveyor [23], the ES&PC plan is prepared by a certified design professional [24], and the GDOT traffic study carries a Georgia PE stamp [17]. In Gwinnett the zoning site plan is conceptual; the submittal adds a boundary survey and a Traffic Impact Study by a GDOT-prequalified engineer (Area Class 3.06) [28].
How far must a fuel site stay from streams in Georgia?
How far must dispensers sit from the property line?
Sources
- 1)Gwinnett County UDO Title 2: Land Use and Zoning (amended October 2025), Table 211-80 and Sec. 200-90, Gwinnett County, Georgia. Accessed 2026-10-09.
- 2)Regulations for Driveway and Encroachment Control, Chapter 3, Spacing of Driveways, Georgia Department of Transportation. Accessed 2026-10-10.
- 3)What is the GUST Trust Fund? (fact sheet), Georgia Environmental Protection Division. Accessed 2026-10-10.
- 4)UST Tank Registration, Georgia Environmental Protection Division. Accessed 2026-10-09.
- 5)Urban Erosion and Sediment Control: land disturbance thresholds (gaswcc.georgia.gov), Georgia Soil and Water Conservation Commission.
- 6)40 CFR Part 282, Approved Underground Storage Tank Programs, eCFR. Accessed 2026-10-09.
- 7)Ga. Comp. R. & Regs. Chapter 391-3-15, Underground Storage Tank Management, Georgia Secretary of State (rules.sos.ga.gov). Accessed 2026-10-09.
- 8)Registering New UST Facilities: Form 7530 Notification and New Installation Package (Rev 2/2025), Georgia Environmental Protection Division. Accessed 2026-10-10.
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- 10)Rule 391-3-15 Implementation Schedule, Georgia Environmental Protection Division. Accessed 2026-10-09.
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- 12)EPD Fee Fact Sheet, NPDES construction Notice of Intent, Georgia Environmental Protection Division.
- 13)O.C.G.A. 12-7-6, buffers along state waters (quoted at kmcllaw.com), Georgia General Assembly.
- 14)DNR Part 5 Environmental Planning Criteria, Rules 391-3-16, water supply watersheds (summarized at gaenvlaw.wordpress.com), Georgia Department of Natural Resources.
- 15)Metropolitan River Protection Act, Chattahoochee corridor (atlantaregional.org; O.C.G.A. 12-5-440 et seq.), Atlanta Regional Commission.
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- 22)Analysis of the 2022 amendments to the Zoning Procedures Law, HB 1405 (readingroom.law.gsu.edu), Georgia State University Law Review.
- 23)Board Rule Chapter 180-7 and the Georgia Plat Act, O.C.G.A. 15-6-67 (rules.sos.ga.gov), State Board of Registration for Professional Engineers and Land Surveyors.
- 24)NPDES Construction Stormwater Fact Sheet (March 2023), Georgia Environmental Protection Division.
- 25)O.C.G.A. 43-15-24 (law.justia.com), Georgia General Assembly.
- 26)O.C.G.A. 43-4-14, architect seal exemptions (law.justia.com), Georgia General Assembly.
- 27)Current State Minimum Codes and New Codes Effective January 1, 2026 (dca.georgia.gov), Georgia Department of Community Affairs.
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- 53)SeaTac Municipal Code Chapter 17.36, Gasoline/Service Station and Convenience Store Lighting, City of SeaTac, Washington (Code Publishing). Accessed 2026-10-09.
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