2026-09-10 · Georgia · Regulation

What is happening. On 27 April 2026, the Director of Georgia's Environmental Protection Division declared a statewide Drought Response Level 1 for public water systems using surface water, groundwater or both. As of EPD's most recent reporting on 14 August 2026, Level 1 remains the current status; no Level 2 or higher has been declared in 2026.¹

What Level 1 actually does

Less than most people assume, and it is worth being precise because Georgia boards over-read it every time.

Level 1 does not restrict landscape irrigation, vehicle washing, pressure washing or ornamental water features. In EPD's own words: “Outdoor water use between the hours of 4 P.M. and 10 A.M. is still allowable and unaffected by a Drought Response Level 1.”

What it requires is that public water systems “implement a public information campaign including, at a minimum, notice regarding drought conditions and drought-specific announcements.”

The rule underneath, which never goes away

This is the one Georgia associations most often get wrong. Under the Georgia Water Stewardship Act of 2010, landscape irrigation of established lawns and plants is permitted only between 4 p.m. and 10 a.m., year-round, statewide — drought or no drought.²

It is not a drought measure. It is the standing law, and it applies to the association's own common-area irrigation exactly as it applies to a homeowner's lawn.

Where this collides with a covenant

Directly, and the answer is not in doubt. A Georgia declaration that requires green turf, or a landscaping specification that assumes midday watering, or a management contract scheduling irrigation for 11 a.m., does not override a state statute.

Two practical consequences for a Georgia board:

• The association is a water customer like any other. An association running common-area irrigation outside the window is in breach, whatever its landscape contract says.
• Enforcing a turf covenant against an owner has a limit. An owner who cannot keep grass green while watering only between 4 p.m. and 10 a.m. is complying with state law. A fine for the resulting condition is a fine for obeying a statute.

The wrinkle nobody covers

Public water systems may not impose outdoor watering restrictions different from the state requirements unless they obtain a variance from EPD. A system seeking a more or less stringent rule must show good cause, and EPD must act within five business days.³

So a Georgia board told “our county has different watering rules” should ask whether the county holds an EPD variance. Many purported local rules are simply wrong — and a manager enforcing one against owners is enforcing nothing.

1. “Level 1 Drought Declared” — Georgia Environmental Protection Division, 27 April 2026 ↩
2. Non-drought Outdoor Water Use Schedule — Georgia EPD ↩
3. Drought Management (current status and variance procedure) — Georgia EPD ↩
4. Senate Bill 406, as passed (26 LC 49 2879S) — signed copy, Office of the Governor ↩