Background
Between 1999 and 2007, in compliance with the Supplemental Environmental Project of the Federal Consent Decree, the City of Atlanta undertook a $25 million Greenway Acquisition Project (GAP) to acquire and protect targeted streamside areas in perpetuity. During this time, the City acquired 1,877 acres of forested property, in fee or via conservation easement, located adjacent to designated rivers and creeks within the Metro Atlanta area. The primary purpose of the GAP was to reduce and/or prevent erosion and non-point source pollution loads from entering the Chattahoochee and South Rivers and tributaries thereof.

The Greenway Acquisition Project was conducted in accordance with the settlement of an enforcement action taken against the City jointly by the United States Environmental Protection Agency (EPA), the Georgia Environmental Protection Division (EPD), the Upper Chattahoochee Riverkeeper Fund, Inc., the Chattahoochee Riverkeeper Inc., and W. Robert Hancock, Jr., for violations of the federal Clean Water Act, federal Water Pollution Control Act and Georgia Water Quality Control Act. As such, the use of these properties is subject to significant deed restrictions administered by the City of Atlanta Department of Watershed Management (DWM) and enforced by the Georgia Environmental Protection Division and the United States Environmental Protection Agency, described below.

Restrictions of the Consent Decree Greenway Properties
Public access or use of any DWM property is prohibited unless permission is expressly granted by DWM. If you are interested in accessing a DWM property or have questions about restrictions, please reach out to GreenwayCustomerService@atlantaga.gov.

The Consent Decree restrictions listed below apply to properties and conservation easements acquired using the $25 million set aside for this project:

A. “The primary purpose of this project will be to reduce and/or prevent erosion and non- point source pollution loads from entering the Designated Streams, by setting aside land in perpetuity for the protection of the Designated Streams, such that the Designated Streams may be maintained in, or be restored to, their natural condition.” (Section VIII.B.1)

B. “The Defendant will hold the Greenway Properties in perpetuity, or for as long as legally permissible, for the purpose of improving, restoring and protecting the water quality of the Designated Streams.” (Section VIII.D.1.b)

C. “The Defendant hereby agrees to implement the Greenway Acquisition Project for the purpose of reducing or preventing pollution to the Designated Streams, with primary emphasis on non-point sources.” (Section VIII.D.2.a)

D. “The Greenway Acquisition Plan shall contain or provide…(iv) assurance that no more than ten (10%) percent of the area of Greenway Properties acquired may be developed for public access or use, such as bicycle and hiking paths;..” (Section VIII.D.2.j.iv)

E. “Any infrastructure for human activity within the Greenway Properties shall be designed and constructed with prevention of non-point source pollution as the primary consideration”. (Section VIII.D.2.m)

F. “Bicycle and hiking trails, canoe launch ramps, and picnic facilities and other public access facilities located within Greenway Properties shall be designed and constructed with non-point source pollution prevention as a primary consideration. Location and construction of such facilities shall be subject to the approval of EPA/EPD.” (Section VIII.D.2.n)

G. “The Defendant covenants that it will not take any action pursuant to state or local law, if such action or omission would result in, facilitate or in any way contribute to, any alienation of the Greenway Properties or change their use in a manner that is not consistent with the purpose of the Greenway Acquisition Project as set forth in this Consent Decree and the Greenway Acquisition Plan unless approved by EPA/EPD.” (Section VIII.D.2.o)

H. “The Defendant shall maintain the Greenway Properties in a manner that preserves environmental value and furthers the purposes of the Greenway Acquisition Project.” (Section VIII.D.2.p)

The restrictions on the Greenway properties shall continue in perpetuity and shall survive the termination of the Consent Decree. Any contract between the City and entities proposing to construct facilities within the Greenway System will indicate that all construction will comply with the requirements of the Consent Decree and the Greenway Acquisition Plan.

Additional information about the Greenway Acquisition Project, including goals and objectives, design and construction standards for public access proposals and restoration projects, and land management guidelines, can be found in the final approved Greenway Acquisition Plan.

Map showing all Consent Decree Greenway Properties
Any questions, comments, or concerns regarding the Consent Decree Greenway properties please contact: GreenwayCustomerService@atlantaga.gov