Family May Lose Dream Home for Building Too Close to Creek

A Dade County family says the Georgia Environmental Protection Division has crushed their dreams of moving into a new home.

Steve Faircloth is close to retirement and he's just about to settle into a new dream log cabin he built his family. One day after The Dade County Electrical Inspector gave him the go ahead, Faircloth got the call from the Environmental Protection Division telling him the house was built too close to a creek.

"They're devastated. My kids are really shook up over it," said Faircloth.

The creek is dry right now but the state says it only takes one day of running water to be considered a state waterway. The problem is the house was built 15 feet from the creek and the law says it must be 25 feet. But the owner says the county should have told him that right away.

"It's been around but it wasn't enforced by the state until maybe the last 2 years, so we're trying to help out residents," said Dade County Commissioner David Young.

The county isn't accepting the blame but it's also not placing it on anyone else either. Local leaders are instead pushing education about these laws. That's what the EPD told Faircloth to do, hang up signs so others will learn, while EPD makes a decision on his house.

"I'm really (expletive deleted) because I didn't know about this law. I took a perk test out here and they didn't tell me about it. They tell me about it and I'm in trouble," said Faircloth.

"It's a real travesty if they would have to move the structure," said Young.

There are other property owners in Dade County who are too close to creeks as well. One person had to pay a $14,000 fine. Faircloth is in negotiation with EPD and hopes he and his family can one day move into their dream home.

The family has contacted Georgia lawmakers who are defending the residents who say they didn't know about the law. Contractors and sub-contractors are also being made aware of the laws so nothing is built this close to a state waterway again.