Lake Hartwell’s shoreline is controlled by the US Army Corps of Engineers. The boundary line that separates private property from public land was set at the 1000-year flood stage of 670 feet msl, which is the level the lake would reach at 10 feet above full pool. The location of this line varies based on topography. Generally, this boundary line will be closer to the water where the terrain is steeper and further from the water where it is flatter.
Orange or red marks on trees indicate the general proximity of the boundary line that establishes where private property ends and public land begins. They are not exact and may be as much as 30 inches from the boundary line. If no tree exists within 30 inches of the boundary line, you will not have a tree to go by. The Corps marks trees for the purpose reducing the likelihood of encroachments. Encroachments onto Corps land prevent adjacent property owners from obtaining dock permits, and most prospective buyers will not close on a property with known encroachments until those are resolved.
The land we refer to as the “Corps property” is technically public land. Owners of adjacent property do not have the authority to prevent anyone from accessing that land. However, the likelihood that someone will beach their boat behind a private home in order to use that land is very slim. Lake Hartwell has plenty of areas away from homes where people can camp, fish, and swim. We just like to make sure that people are aware that the Corps property is not an extension of your lot, and you very well may see neighbors chasing their pet through this area, or cutting through on their way to another neighbor’s dock. Adjacent property owners have no authority to prevent this. However, permitted docks are private property and should not be accessed by anyone without permission.
Adjacent property owners may be allowed to cut down dead or diseased trees that pose a safety threat with permission from their ranger, but this is determined on a case-by-case basis. Aside from that, mature trees may not be removed. Underbrushing may be done with a permit, but there are limitations. A 75 ft boundary is required to qualify, and properties must be either yellow zoned (up to 50ft wide area) or green zoned (up to 100ft wide area). Vegetation must be less than 3 inches in diameter at ground level, and native ornamental trees and shrubs may not be cut without approval. Tree limbs may be pruned up to 18 feet or 1/3 of the height of the tree, whichever is less. This must be accomplished through the use of hand tools, and the use of chemical herbicides is prohibited.
Red and yellow refer to the colors shown on the shoreline allocation maps. Yellow zoned properties are designated as Protected Shoreline Areas. These areas were established for environmental reasons or to reduce conflict between public and private use. You will find yellow zones around bridges and adjacent to public recreation areas such as boat ramps and campgrounds. Yellow zoned properties with no existing permits are only eligible to be permitted for limited underbrushing and bank stabilization at this time. These properties were eligible for additional permits under prior versions of the shoreline management plan, so you will sometimes see improved paths, piers, and light poles on yellow zoned lots. Facilities permitted under prior versions of the shoreline management plan are allowed to remain in place as long as the permit does not lapse.
Red zoned properties are those designated as public recreation areas. They are not eligible for any permits – not even underbrushing. They are to remain completely natural. Adjacent property owners may travel through this land to access the water, but the only path should be one that naturally occurs as a result of foot traffic.
There are both red and yellow zoned properties with docks in place. As long as these docks were lawfully permitted and the permit does not state that the dock must be removed when the current owner sells, they are protected under Section 1134(d) of the Water Resources Development Act of 1986, Public Law 99-662 (see Section 15, Prior Commitments/Public Law). Agents will often refer to these docks as being “grandfathered.” It is important that permits for these docks are not allowed to lapse, and that the docks remain in good condition. Otherwise, the Corps will likely require removal. Docks can be maintained or replaced with the exact same footprint, but they may not be enlarged.
The reason for this varies. If you see a property with grass to the water and no trees, this property has most likely been owned by the same individual since before tree spacing requirements were established. Whenever the property does end up changing hands, the new owner will be required to plant trees in order to meet current spacing requirements.
If this is not the case, it could be that a particular property has a very close Corps line, and there is not enough space for the Corps to require trees to be planted. The final and most common explanation for a lack of trees obstructing the view is that trees have either died or fallen due to storms. The Corps will sometimes allow dead trees to be removed, but this is determined on a case by case basis. Once fallen, property owners are allowed to remove trees. You should always send photos to your ranger before doing so though.
Adjacent property owners can contact the Army Corps of Engineers shoreline ranger for the area where the property is located in order to request a visit to the property to determine what permits the property qualifies for. The factors that determine eligibility for a dock permit are listed below.
For new docks, the location will be determined based upon the projection survey and permitted location of neighboring docks. For existing docks, the permitted location has already been determined. In some cases where there is plenty of frontage and spacing is not an issue, the location can be changed. However, there are many existing docks that were permitted in offset locations under a prior shoreline management plan and may not qualify for a dock at all under the current plan. An offset dock is one that is not located within the area determined by a projection survey.
Dock permits do not transfer. The new owner is required to contact the ranger within 14 days of closing in order to begin the process of reassigning the dock permit. Often, there are conditions that must be met before the permit can be reassigned. If you are purchasing a property with an existing dock, you should make sure that your offer to purchase includes an addendum with a contingency covering this. There are a number of things to consider – whether the dock is in it’s permitted location, the presence of power on the dock, the existence of unpermitted modifications, encroachments from the home itself, fences, utility buildings, or even paths. There have unfortunately been cases where an entire dock was not permitted, and the property did not qualify for the dock that was installed, so this is a very important item.
The Corps boundary line was determined by congressional criteria based on flood possibilities and operational needs. The boundary line guide was set at 670 ft msl (mean sea level), and crews placed pins based on aerial photos and topographical maps. However, the line is not exact. Usually, steeper lots will have Corps lines closer to the water, and less sloped lots will have Corps lines farther from the water.
Flood insurance is not required in most places on Lake Hartwell. Because the boundary line is located as the 500-year flood level, adjacent properties are not at risk of flooding from the lake. There are lakefront properties located in areas with higher risk of flooding, but it is for reasons other than the proximity to Lake Hartwell. It comes up so infrequently that I cannot currently think of a case.
The majority of properties on Lake Hartwell do have septic tanks, but most have access to public water. There are a few subdivisions with private sewer systems – Chickasaw Point, Foxwood Hills, and Stone Creek Cove, for example. It’s more common in Georgia to find properties with both septic and a well, so there are special considerations for those cases. If you have any plans to enlarge a home, you must consider whether or not the lot has space to expand the septic system. Because your septic must be a certain distance from both your own well and those of your neighbors, the septic limitations could prevent you from using the property as you would like.
Whether you want to be permitted to rent your home on a short-term basis, or you want to make sure not to buy in an area where that is permitted, it’s very important that you do your research prior to making an offer on a home.
Hart County, GA has a very clear ordinance governing short-term rentals, and an annual license fee is required. Franklin County, GA requires registration through their portal, as well as a 4% sales tax and a $5 nightly fee. Stephens County, GA does not appear to have adopted any type of regulations regarding short-term rentals as of April 2026.
Both Pickens and Oconee Counties in SC require registration with an online portal, as well as payment of local accommodations and sales taxes. As of July of 2026, Anderson County is under a 6 month moratorium for new short-term rentals while they work on a new ordinance.
Many individual subdivisions have restrictions that prohibit lease terms less than 6 months or 1 year, regardless of what county ordinances apply.
There’s not a simple answer to this, but we’ve created a page on our website to help explain this. It can be viewed here.
There are several websites that show this information, but we like lakelvl.com.
