reglab/housing_qa huggingface dataset:
GA Code § 12-5-321 (2021)
2021 Georgia Code|Title 12 - Conservation and Natural Resources|Chapter 5 - Water Resources|Article 4 - Coastal Waters, Beaches, and Sand Dunes|Part 6 - Coastal Management|§ 12-5-321. Legislative Findings

 The General Assembly finds and declares that the coastal area of Georgia comprises a vital natural resource system. The General Assembly recognizes that the coastal area of Georgia is the habitat of many species of marine life and wildlife which must have clean waters and suitable habitat to survive. The General Assembly further finds that intensive research has revealed that activities affecting the coastal area may degrade water quality or damage coastal resources if not properly planned and managed. The General Assembly further finds that the coastal area provides a natural recreation resource which has become vitally linked to the economy of Georgia's coast and to that of the entire state. The General Assembly further finds that resources within this coastal area are costly, if not impossible, to reconstruct or rehabilitate once adversely affected by human related activities and it is important to conserve these resources for the present and future use and enjoyment of all citizens and visitors to this state. The General Assembly further finds that the coastal area is a vital area of the state and that it is essential to maintain the health, safety, and welfare of all the citizens of the state. Therefore, the General Assembly declares that the management of the coastal area has more than local significance, is of equal importance to all citizens of the state, is of state-wide concern, and consequently is properly a matter for coordinated regulation under the police power of the state. The General Assembly further finds and declares that activities and structures in the coastal area must be regulated to ensure that the values and functions of coastal waters and natural habitats are not impaired and to fulfill the responsibilities of each generation as public trustees of the coastal waters and habitats for succeeding generations.    (Code 1981, §12-5-321, enacted by Ga. L. 1997, p. 1037, § 1.)   Law reviews.   - For comment, " 'Wrest' in Peace: The Effect of the Georgia Environmental Protection Division's ‘Wrested Vegetation Rule' on Coastal Salt Marshes," see 32 Georgia St. U.L. Rev. 953 (2016).
GA Code § 12-5-323 (2021)
2021 Georgia Code|Title 12 - Conservation and Natural Resources|Chapter 5 - Water Resources|Article 4 - Coastal Waters, Beaches, and Sand Dunes|Part 6 - Coastal Management|§ 12-5-323. Powers and Duties of Department

 The department shall have the following authority, which shall not be delegated to any other state agency:    To prepare and administer a Georgia coastal management program and to monitor and inform appropriate local, state, and federal agencies concerning enforcement of this part and all rules, regulations, and orders upon which the Georgia coastal management program is based;   To accept, expend, grant, and administer moneys that are available from persons or federal agencies to carry out the provisions of this part;   To conduct public hearings on the Georgia coastal management program or any actions taken under this part;   To concur or object to a certification of consistency filed by a person only in connection with an application for a federally administered permit and to concur or object to a determination of consistency filed by a federal agency in connection with a federal activity based on the policies of the Georgia coastal management program established pursuant to this part; provided, however, that if, prior to completion of review of a federally administered permit or federal activity under this part, the department receives notice of the denial of a state permit necessary for the activity, the department shall object to all certifications of consistency or determinations of consistency relating to the proposed activity filed by such person or federal agency; provided, further, that nothing in this part shall be construed to prevent the department from withdrawing such objection; and   To exercise all incidental powers necessary to carry out the purposes of this part.     (Code 1981, §12-5-323, enacted by Ga. L. 1997, p. 1037, § 1.)   Code Commission notes.   - Pursuant to Code Section 28-9-5, in 1997, the subsection (a) designation was deleted as there was no subsection (b).
GA Code § 12-5-324 (2021)
2021 Georgia Code|Title 12 - Conservation and Natural Resources|Chapter 5 - Water Resources|Article 4 - Coastal Waters, Beaches, and Sand Dunes|Part 6 - Coastal Management|§ 12-5-324. Power of Board to Promulgate Rules and Regulations

 The board shall have the authority to promulgate rules and regulations for the implementation of the Georgia coastal management program in accordance with Chapter 13 of Title 50, the "Georgia Administrative Procedure Act."    (Code 1981, §12-5-324, enacted by Ga. L. 1997, p. 1037, § 1.)
GA Code § 12-5-325 (2021)
2021 Georgia Code|Title 12 - Conservation and Natural Resources|Chapter 5 - Water Resources|Article 4 - Coastal Waters, Beaches, and Sand Dunes|Part 6 - Coastal Management|§ 12-5-325. Additional Duties of Department

 The department shall, in addition to its other duties prescribed by law, coordinate and cooperate with other state agencies, as necessary, as provided in paragraph (1) of Code Section 12-5-323, and to make reasonable inspections within the coastal area where activities have been proposed to determine whether the proposed activities are consistent with this part and the policies of the Georgia coastal management program as provided in paragraph (4) of Code Section 12-5-323.    (Code 1981, §12-5-325, enacted by Ga. L. 1997, p. 1037, § 1.)   Code Commission notes.   - Pursuant to Code Section 28-9-5, in 1997, "of subsection (a)" was deleted following "paragraph (1)" and following "paragraph (4)".
GA Code § 12-5-326 (2021)
2021 Georgia Code|Title 12 - Conservation and Natural Resources|Chapter 5 - Water Resources|Article 4 - Coastal Waters, Beaches, and Sand Dunes|Part 6 - Coastal Management|§ 12-5-326. Duties of Other State Agencies in Relation to This Part

 All state agencies shall coordinate and cooperate with the department in the administration of this part. All state agencies exercising regulatory authority or management or planning authority in the coastal area shall administer such authority in conformity with the provisions of this part and shall apply such regulatory authority in a manner consistent with the policies of the Georgia coastal management program. All state agencies and local governments exercising statutory authority in the coastal area are authorized to enter into agreements regarding implementation of the Georgia coastal management program within their legal authority.    (Code 1981, §12-5-326, enacted by Ga. L. 1997, p. 1037, § 1.)
GA Code § 12-5-327 (2021)
2021 Georgia Code|Title 12 - Conservation and Natural Resources|Chapter 5 - Water Resources|Article 4 - Coastal Waters, Beaches, and Sand Dunes|Part 6 - Coastal Management|§ 12-5-327. Duty of Department to Prepare Document for Submission to Governor; Duty to Prepare Report Every Three Years

  The department shall prepare a document reflecting the Georgia coastal management program for submission to the Governor. The Governor shall have the authority to review and approve such document. Once approved, the Governor shall have the authority to submit the document reflecting the Georgia coastal management program to the secretary of commerce for approval as outlined in the federal Coastal Zone Management Act of 1972, as amended. At any time, the Governor, with the concurrence of the General Assembly, may withdraw the state from participation in the federal Coastal Zone Management Act of 1972 if it is determined that continued participation is not in the best interest of the state.   The department shall make a report every three years of its activities under this part to the Governor and General Assembly. The report shall include a summary of the effectiveness of the program, a survey of user groups, and the department's opinion of the value of Georgia's continued participation in the program. Copies of the report shall be provided to the Governor, the Lieutenant Governor, the Speaker of the House of Representatives, the chairperson of the House Natural Resources and Environment Committee, the chairperson of the Senate Natural Resources and the Environment Committee, and the Board of Natural Resources.     (Code 1981, §12-5-327, enacted by Ga. L. 1997, p. 1037, § 1; Ga. L. 2009, p. 303, § 13/HB 117.)   Code Commission notes.   - Pursuant to Code Section 28-9-5, in 1997, "secretary of commerce" was substituted for "Secretary of Commerce" in subsection (a) and "chairperson" was substituted for "Chairperson" in two places in subsection (b).   Editor's notes.   - Ga. L. 2009, p. 303, § 20/HB 117, not codified by the General Assembly, provides that: "This Act is intended to reflect the current internal organization of the Georgia Senate and House of Representatives and is not otherwise intended to change substantive law. In the event of a conflict with any other Act of the 2009 General Assembly, such other Act shall control over this Act."
GA Code § 12-5-328 (2021)
2021 Georgia Code|Title 12 - Conservation and Natural Resources|Chapter 5 - Water Resources|Article 4 - Coastal Waters, Beaches, and Sand Dunes|Part 6 - Coastal Management|§ 12-5-328. Nothing in Part to Be Construed as Waiver of Federal Immunity or Consent for Other State to Exercise Jurisdiction

 Nothing contained in this part shall be construed as a consent to waiver of immunity under the Eleventh Amendment of the United States Constitution or consent for any other state to exercise regulatory jurisdiction within the boundaries of this state.    (Code 1981, §12-5-328, enacted by Ga. L. 1997, p. 1037, § 1.)
GA Code § 12-5-329 (2021)
2021 Georgia Code|Title 12 - Conservation and Natural Resources|Chapter 5 - Water Resources|Article 4 - Coastal Waters, Beaches, and Sand Dunes|Part 6 - Coastal Management|§ 12-5-329. Repeal of Part on July 1, 2009

 Reserved. Repealed by Ga. L. 2008, p. 117, § 2/HB 68, effective July 1, 2008.   Editor's notes.   - This Code section was based on Code 1981, § 12-5-329, enacted by Ga. L. 1997, p. 1037, § 1; Ga. L. 2003, p. 260, § 1.
GA Code § 12-5-330 (2021)
2021 Georgia Code|Title 12 - Conservation and Natural Resources|Chapter 5 - Water Resources|Article 5 - Rivers and River Basins|Part 1 - General Provisions|§ 12-5-330. Resources Advisory Board, Southeast River Basins

 Reserved. Repealed by Ga. L. 2001, p. 873, § 3, effective July 1, 2001.   Editor's notes.   - This Code section was based on Ga. L. 1964, p. 244; Ga. L. 1965, p. 508, § 1.
GA Code § 12-5-331 (2021)
2021 Georgia Code|Title 12 - Conservation and Natural Resources|Chapter 5 - Water Resources|Article 5 - Rivers and River Basins|Part 1 - General Provisions|§ 12-5-331. Duties and Powers of Department as to Development of State's Rivers

  The Department of Natural Resources shall negotiate with the proper authorities of the United States from time to time concerning the development of the rivers of Georgia with particular reference to flood control. The department shall be privileged to appear before committees of Congress concerning appropriations for river development, to gather and disseminate information, and to cooperate with the federal and state authorities toward the development of Georgia's rivers.   Such information pertinent to the development of Georgia's rivers as may be obtained by the Department of Natural Resources may be filed from time to time with the Department of Economic Development and, subject to approval of the Governor and the Secretary of State, with the Division of Archives and History.    (Ga. L. 1953, Nov.-Dec. Sess., p. 67, §§ 5, 6; Ga. L. 1989, p. 1641, § 8; Ga. L. 2002, p. 532, § 1; Ga. L. 2004, p. 690, § 10.)   Cross references.   - Powers and duties of department relating to projects for deepening, widening, and improving river channels for navigational and other purposes, § 52-9-1.   Editor's notes.   - Ga. L. 1989, p. 1641, § 18, not codified by the General Assembly, provides: "In the event of any substantive conflict between this Act and any other Act of the 1989 General Assembly, such other Act shall control over this Act."   RESEARCH REFERENCES   Am. Jur. 2d.   - 63C Am. Jur. 2d, Public Lands, § 22.   C.J.S.   - 73 C.J.S., Public Administrative Law and Procedure, § 184.
GA Code § 12-5-350 (2021)
2021 Georgia Code|Title 12 - Conservation and Natural Resources|Chapter 5 - Water Resources|Article 5 - Rivers and River Basins|Part 2 - Georgia Scenic River System|§ 12-5-350. Short Title

 This part shall be known and may be cited as the "Georgia Scenic Rivers Act of 1969."   (Ga. L. 1969, p. 933, § 1.)
GA Code § 12-5-351 (2021)
2021 Georgia Code|Title 12 - Conservation and Natural Resources|Chapter 5 - Water Resources|Article 5 - Rivers and River Basins|Part 2 - Georgia Scenic River System|§ 12-5-351. Definitions

 As used in this part, the term:    "Free-flowing," as applied to any river or section of a river, means existing or flowing in natural condition without impoundment, diversion, straightening, rip-rapping, or other modification of the waterway.   "River" means a flowing body of water, or a section, portion, or tributary thereof, and includes streams, creeks, branches, and small lakes.   "Scenic easement" means an interest in land which limits the use of land along the shoreline of a scenic river for the purpose of protecting the scenic, recreational, or natural characteristics of the area.   "Scenic river" means certain rivers or sections of rivers of the State of Georgia which have valuable scenic, recreational, or natural characteristics which should be preserved for the benefit and enjoyment of present and future generations.    (Ga. L. 1969, p. 933, § 2.)
GA Code § 12-5-352 (2021)
2021 Georgia Code|Title 12 - Conservation and Natural Resources|Chapter 5 - Water Resources|Article 5 - Rivers and River Basins|Part 2 - Georgia Scenic River System|§ 12-5-352. Rivers Comprising the Georgia Scenic River System

  The Georgia Scenic River System shall be comprised of the following:   That portion of the Jacks River contained within the Cohutta National Wilderness Area and located in Fannin and Murray counties, Georgia, which portion extends a length of approximately 16 miles;   That portion of the Conasauga River located within the Cohutta National Wilderness Area and located in Fannin, Gilmer, and Murray counties, Georgia, which portion extends a length of approximately 17 miles;   That portion of the Chattooga River and its West Fork which are now designated as part of the Chattooga National Wild and Scenic River and located in Rabun County, Georgia, which portion extends a length of approximately 34 miles; and   That portion of Ebenezer Creek from Long Bridge on County Road S 393 to the Savannah River and located in Effingham County, Georgia, which portion extends a length of approximately seven miles.     The Georgia Scenic River System shall also be comprised of any river or section of a river designated as a scenic river by Act or resolution of the General Assembly.    (Ga. L. 1969, p. 933, § 3; Ga. L. 1978, p. 2207, § 1; Ga. L. 1981, p. 459, § 1.)   Code Commission notes.   - Pursuant to Code Section 28-9-5, in 1988, "seven miles" was substituted for "7 miles" at the end of paragraph (a)(4).   Law reviews.   - For article surveying Georgia cases dealing with environment, natural resources, and land use from June 1977 through May 1978, see 30 Mercer L. Rev. 75 (1978).
GA Code § 12-5-353 (2021)
2021 Georgia Code|Title 12 - Conservation and Natural Resources|Chapter 5 - Water Resources|Article 5 - Rivers and River Basins|Part 2 - Georgia Scenic River System|§ 12-5-353. Duties of Department as to Scenic Rivers

  The Department of Natural Resources shall study and from time to time recommend to the Governor and General Assembly rivers or sections of rivers to be considered for designation as scenic rivers. Each recommendation shall be accompanied by a report showing the proposed area and its classification, the characteristics which qualify the river or section of river for designation as a scenic river, ownership and use of land in the area, the state agency which should administer the area, and the estimated costs of acquiring fee title and scenic easements and of administering the area as a scenic river. The department may conduct such studies in cooperation with appropriate agencies of the State of Georgia and the United States and may apply for and receive funds therefor from the Land and Water Conservation Fund and other federal sources, provided that such studies must be first approved by the person or persons appointed by the Governor to serve as a liaison with certain federal agencies under the terms of Public Law 90-542 (82 Stat. 906), approved October 2, 1968, such law having been designated the "Wild and Scenic Rivers Act."   The department shall proceed to make a study of each of the following rivers and make a report of its findings and recommendations to the Governor and the General Assembly:   The Suwanee River from its source in the Okefenokee Swamp to the point where it flows out of the State of Georgia; and   That section of the Chattooga River within the State of Georgia.     Each scenic river, together with the land lying within its authorized boundary, as established by the General Assembly, shall be classified as one of the following:   NATURAL RIVER AREA. This is a free-flowing river or section of river generally inaccessible except by trail, with the shoreline undeveloped and unused;   PASTORAL RIVER AREA. This is a free-flowing river or section of river accessible by roads, with the shoreline mostly undeveloped and unused; or   RECREATIONAL RIVER AREA. This is a free-flowing river or section of river accessible by roads, with limited development along the shoreline.      (Ga. L. 1969, p. 933, § 4; Ga. L. 1972, p. 1015, § 1511.)   Cross references.   - Provision in deeds for easements to preserve land or water areas in natural or scenic condition, § 44-10-1 et seq.   U.S. Code.   - The federal Wild and Scenic Rivers Act, as amended, referred to in this Code section, is codified at 16 U.S.C. § 1271 et seq.   RESEARCH REFERENCES   ALR.   - Construction and application of Wild and Scenic Rivers Act (WSRA), 16 U.S.C.A. §§ 1271 to 1287, 71 A.L.R. Fed. 2d 373.
GA Code § 12-5-354 (2021)
2021 Georgia Code|Title 12 - Conservation and Natural Resources|Chapter 5 - Water Resources|Article 5 - Rivers and River Basins|Part 2 - Georgia Scenic River System|§ 12-5-354. Construction, Operation, or Maintenance of Dams, Reservoirs, or Other Structures on Scenic Rivers; Acquisition of Land Within Boundaries of Scenic Rivers

 After designation of any river or section of a river as a scenic river by the General Assembly pursuant to Code Section 12-5-352:    No dam, reservoir, or other structure impeding the natural flow of the waterway shall be constructed, operated, or maintained in such river or section of river so designated as a scenic river, unless specifically authorized by an Act of the General Assembly;   The department may acquire by purchase, gift, grant, bequest, devise, lease, or otherwise fee title or any lesser interest in the land lying within the authorized boundary of such river or section of river designated as a scenic river. Any interest in land acquired by the department pursuant to this Code section shall be transferred to such governmental agency as the General Assembly may by Act direct.    (Ga. L. 1969, p. 933, § 5.)   OPINIONS OF THE ATTORNEY GENERAL   Acquisition of title to land limited.   - Ability of the council (now Department of Natural Resources) to acquire title to land is limited by: (1) area - land lying within a certain authorized boundary of the designated scenic river; and (2) time - only after the river has been designated by the General Assembly as scenic. 1970 Op. Att'y Gen. No. 70-6.   Transfer of title to acquired land required.   - Department may acquire the title to land lying within the authorized boundaries of a river or section of river previously designated by the General Assembly as a scenic river, but upon acquisition, the title must be transferred to another state agency designated by the General Assembly. 1970 Op. Att'y Gen. No. 70-6.   RESEARCH REFERENCES   C.J.S.   - 73 C.J.S., Public Administrative Law and Procedure, § 184.
GA Code § 12-5-370 (2021)
2021 Georgia Code|Title 12 - Conservation and Natural Resources|Chapter 5 - Water Resources|Article 5 - Rivers and River Basins|Part 3 - Dam Safety|§ 12-5-370. Short Title

 This part shall be known and may be cited as the "Georgia Safe Dams Act of 1978."   (Ga. L. 1978, p. 795, § 1.)
GA Code § 12-5-371 (2021)
2021 Georgia Code|Title 12 - Conservation and Natural Resources|Chapter 5 - Water Resources|Article 5 - Rivers and River Basins|Part 3 - Dam Safety|§ 12-5-371. Declaration of Purpose

 It is the purpose of this part to provide for the inspection and permitting of certain dams in order to protect the health, safety, and welfare of all the citizens of the state by reducing the risk of failure of such dams. The General Assembly finds and declares that the inspection and permitting of certain dams is properly a matter for regulation under the police powers of the state.   (Ga. L. 1978, p. 795, § 2.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 42 Am. Jur. 2d, Inspection Laws, § 1 et seq. 51 Am. Jur. 2d, Licenses and Permits, §§ 6 et seq., 30.   C.J.S.   - 53 C.J.S., Licenses, § 7. 93 C.J.S., Waters, §§ 319, 320.
GA Code § 12-5-373 (2021)
2021 Georgia Code|Title 12 - Conservation and Natural Resources|Chapter 5 - Water Resources|Article 5 - Rivers and River Basins|Part 3 - Dam Safety|§ 12-5-373. Powers and Duties of Director Generally

 In addition to any other powers and duties provided for in this part, the director shall have and may exercise the following powers and duties:    To exercise general supervision over the administration and enforcement of this part and all rules and regulations and orders promulgated hereunder;   To require progress reports from the supervising engineer of a dam construction project, as deemed necessary;   To supervise investigations necessary to carry out the duties prescribed in this part;   To advise, consult, cooperate, contract, and enter into cooperative agreements with private persons, local units of government, and other governmental agencies or committees, including, but not limited to, the Department of Transportation, the State Soil and Water Conservation Commission, and the United States Army Corps of Engineers for the purposes of carrying out this part;   To take such other actions as may be necessary to carry out this part.    (Ga. L. 1978, p. 795, § 13; Ga. L. 1984, p. 454, § 2; Ga. L. 1988, p. 269, § 21.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 2 Am. Jur. 2d, Administrative Law, § 107. 63C Am. Jur. 2d, Public Officers and Employees, §§ 236, 251.   C.J.S.   - 73 C.J.S., Public Administrative Law and Procedure, § 184.