reglab/housing_qa huggingface dataset:
GA Code § 12-5-242 (2021)
2021 Georgia Code|Title 12 - Conservation and Natural Resources|Chapter 5 - Water Resources|Article 4 - Coastal Waters, Beaches, and Sand Dunes|Part 2 - Shore Protection|§ 12-5-242. Technical Assistance to Local Governments; Model Ordinance

 The department shall provide technical assistance to any local unit of government which requests such assistance in order to develop an ordinance meeting the requirements of this part. The department shall also develop a model ordinance which may be used by such local units of government.    (Code 1981, §12-5-242, enacted by Ga. L. 1992, p. 1362, § 1.)
GA Code § 12-5-243 (2021)
2021 Georgia Code|Title 12 - Conservation and Natural Resources|Chapter 5 - Water Resources|Article 4 - Coastal Waters, Beaches, and Sand Dunes|Part 2 - Shore Protection|§ 12-5-243. Local Governments Not Prohibited From Adopting More Restrictive Ordinances

 Nothing in this part shall be construed as prohibiting a local unit of government from adopting ordinances more restrictive in regard to activity on sand dunes and beaches than the standards set forth in this part.    (Code 1981, §12-5-243, enacted by Ga. L. 1992, p. 1362, § 1.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 56 Am. Jur. 2d, Municipal Corporations, Counties, and Other Political Subdivisions, §§ 349, 350.   C.J.S.   - 62 C.J.S., Municipal Corporations, § 187.
GA Code § 12-5-245 (2021)
2021 Georgia Code|Title 12 - Conservation and Natural Resources|Chapter 5 - Water Resources|Article 4 - Coastal Waters, Beaches, and Sand Dunes|Part 2 - Shore Protection|§ 12-5-245. Injunctive Relief

 Any activity in violation of this part or of any ordinance or regulation adopted pursuant to this part shall be a public nuisance; and such activity may be enjoined or abated by an action filed in the appropriate superior court by the Attorney General on behalf of the department, by any local unit of government affected, or by any person. Upon showing of any activity in violation of this part or of any ordinance or regulation adopted pursuant to this part, a temporary restraining order, a permanent or temporary injunction, or other order shall be granted without the necessity of showing lack of an adequate remedy at law and irreparable injury. The relief granted by the court in an action filed pursuant to this Code section may include, but shall not be limited to, an order requiring the sand dunes, beaches, and submerged lands to be returned to their condition prior to such violation.    (Code 1981, §12-5-245, enacted by Ga. L. 1992, p. 1362, § 1.)   RESEARCH REFERENCES   C.J.S.   - 39A C.J.S., Health and Environment, §§ 141, 146.   ALR.   - Requirement that there be continuing violation to maintain citizen suit under federal environmental protection statutes - post-Gwaltney cases, 158 A.L.R. Fed. 519.
GA Code § 12-5-246 (2021)
2021 Georgia Code|Title 12 - Conservation and Natural Resources|Chapter 5 - Water Resources|Article 4 - Coastal Waters, Beaches, and Sand Dunes|Part 2 - Shore Protection|§ 12-5-246. Jurisdiction of Superior Court

 The superior court of the county in which the land or any part thereof is located or in which jurisdiction is otherwise proper shall have jurisdiction to restrain a violation of this part at the action of any person.    (Code 1981, §12-5-246, enacted by Ga. L. 1992, p. 1362, § 1.)
GA Code § 12-5-248 (2021)
2021 Georgia Code|Title 12 - Conservation and Natural Resources|Chapter 5 - Water Resources|Article 4 - Coastal Waters, Beaches, and Sand Dunes|Part 2 - Shore Protection|§ 12-5-248. Criminal Violations

  It shall be unlawful for any person to:   Operate any motorized vehicle or other motorized machine on, over, or across sand dunes or beaches except as authorized by the department or committee, except that individual disability vehicles, emergency vehicles, and governmental vehicles utilized for beach maintenance or research may operate within sand dunes and beaches without authorization from the department or committee so long as those vehicles operate across existing cross-overs, paths, or drives; or   Store or park sailboats, catamarans, or other commercial or recreational marine craft on any sand dune.     All such lawful activities conducted under this part shall provide protection to nesting sea turtles and their hatchlings and habitats and to nesting shore birds and their hatchlings and habitats.   Any person violating the provisions of subsection (a) of this Code section shall be guilty of a misdemeanor.     (Code 1981, §12-5-248, enacted by Ga. L. 1992, p. 1362, § 1; Ga. L. 1995, p. 1302, § 13; Ga. L. 2002, p. 521, § 1; Ga. L. 2019, p. 493, § 9/HB 445.)    The 2019 amendment,  effective May 3, 2019, for purposes of promulgating rules and regulations and for all other purposes effective December 30, 2019, in paragraph (a)(1), substituted "department or committee" for "permit-issuing authority" near the middle, and substituted "department or committee so" for "permit-issuing authority as" near the end.   Editor's notes.   - Ga. L. 2019, p. 493, § 10/HB 445, not codified by the General Assembly, provides: "This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval for the purposes of promulgating rules and regulations necessary to administer the provisions of this Act and shall become effective on December 31, 2019, for all other purposes." The Act was approved by the Governor on May 3, 2019.
GA Code § 12-5-260 (2021)
2021 Georgia Code|Title 12 - Conservation and Natural Resources|Chapter 5 - Water Resources|Article 4 - Coastal Waters, Beaches, and Sand Dunes|Part 3 - Preservation and Management of Coastal Zone|§ 12-5-260. Through 12-5-267

 Reserved. Repealed by Ga. L. 1979, p. 1302, § 4, effective July 1, 1984.   Editor's notes.   - This part was based on Ga. L. 1978, p. 245; Ga. L. 1979, p. 1302; and Ga. L. 1982, p. 3.   Ga. L. 2013, p. 141, § 12/HB 79, reserved the designation of this part, effective April 24, 2013.
GA Code § 12-5-280 (2021)
2021 Georgia Code|Title 12 - Conservation and Natural Resources|Chapter 5 - Water Resources|Article 4 - Coastal Waters, Beaches, and Sand Dunes|Part 4 - Coastal Marshlands|§ 12-5-280. Short Title

 This part shall be known and may be cited as the "Coastal Marshlands Protection Act of 1970."   (Ga. L. 1970, p. 939, § 1; Ga. L. 1992, p. 2294, § 1.)   Law reviews.   - For article, "From Marshes to Mountains, Wetlands Come Under State Regulation," see 41 Mercer L. Rev. 865 (1990). For annual survey of law on administrative law, see 62 Mercer L. Rev. 1 (2010). For article, "The Chevron Two-Step in Georgia's Administrative Law," see 46 Ga. L. Rev. 871 (2012). For annual survey on administrative law, see 64 Mercer L. Rev. 39 (2012). 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 § 12-5-281 (2021)
2021 Georgia Code|Title 12 - Conservation and Natural Resources|Chapter 5 - Water Resources|Article 4 - Coastal Waters, Beaches, and Sand Dunes|Part 4 - Coastal Marshlands|§ 12-5-281. Legislative Findings and Declarations

 The General Assembly finds and declares that the coastal marshlands of Georgia comprise a vital natural resource system.It is recognized that the estuarine area of Georgia is the habitat of many species of marine life and wildlife and, without the food supplied by the marshlands, such marine life and wildlife cannot survive.The General Assembly further finds that intensive marine research has revealed that the estuarine marshlands of coastal Georgia are among the richest providers of nutrients in the world. Such marshlands provide a nursery for commercially and recreationally important species of shellfish and other wildlife, provide a great buffer against flooding and erosion, and help control and disseminate pollutants.Also, it is found that the coastal marshlands provide a natural recreation resource which has become vitally linked to the economy of Georgia's coastal zone and to that of the entire state.The General Assembly further finds that this coastal marshlands resource system is costly, if not impossible, to reconstruct or rehabilitate once adversely affected by man related activities and is important to conserve for the present and future use and enjoyment of all citizens and visitors to this state.The General Assembly further finds that the coastal marshlands are a vital area of the state and are 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 marshlands 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 regulation under the police power of the state.The General Assembly further finds and declares that activities and structures in the coastal marshlands must be regulated to ensure that the values and functions of the coastal marshlands are not impaired and to fulfill the responsibilities of each generation as public trustees of the coastal marshlands for succeeding generations.    (Code 1981, §12-5-281, enacted by Ga. L. 1992, p. 2294, § 1.)
GA Code § 12-5-284 (2021)
2021 Georgia Code|Title 12 - Conservation and Natural Resources|Chapter 5 - Water Resources|Article 4 - Coastal Waters, Beaches, and Sand Dunes|Part 4 - Coastal Marshlands|§ 12-5-284. Authority of Department as to Coastal Marshlands Generally

  The department shall have the following authority:   To administer and enforce this part and all rules, regulations, and orders promulgated under this part and to determine jurisdiction under this part;   To accept moneys that are available from persons, government units, and private organizations;   To conduct public hearings and institute and prosecute court actions as may be necessary to enforce compliance with this part and any rules and regulations promulgated hereunder, provided that all such actions shall be in the name of the department;   To issue letters of permission and impose a reasonable fee for processing such letters of permission; and   To exercise all incidental powers necessary to carry out the purposes of this part.     The foregoing powers and duties may be exercised and performed by the department through such duly authorized agents and employees as it deems necessary and proper.     (Ga. L. 1970, p. 939, § 4; Ga. L. 1972, p. 991, § 1; Code 1981, §12-5-283; Code 1981, §12-5-284, as redesignated by Ga. L. 1992, p. 2294, § 1; Ga. L. 2013, p. 874, § 5/HB 402.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 2 Am. Jur. 2d, Administrative Law, §§ 61, 174, 175, 181, 185, 186, 282, 440, 441.   C.J.S.   - 73 C.J.S., Public Administrative Law and Procedure, § 226. 73A C.J.S., Public Administrative Law and Procedure, §§ 575 et seq. 81A C.J.S., States, § 271.
GA Code § 12-5-285 (2021)
2021 Georgia Code|Title 12 - Conservation and Natural Resources|Chapter 5 - Water Resources|Article 4 - Coastal Waters, Beaches, and Sand Dunes|Part 4 - Coastal Marshlands|§ 12-5-285. Power of Board to Promulgate Rules and Regulations

 The board shall have power to promulgate rules and regulations for the implementation and enforcement of this part.    (Ga. L. 1970, p. 939, § 4; Code 1981, §12-5-284; Code 1981,§12-5-285, as redesignated by Ga. L. 1992, p. 2294, § 1.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 2 Am. Jur. 2d, Administrative Law, §§ 61, 174, 175, 181, 185, 186, 282, 440, 441.   C.J.S.   - 73 C.J.S., Public Administrative Law and Procedure, § 226. 73A C.J.S., Public Administrative Law and Procedure, §§ 575 et seq. 81A C.J.S., States, § 271.
GA Code § 12-5-288 (2021)
2021 Georgia Code|Title 12 - Conservation and Natural Resources|Chapter 5 - Water Resources|Article 4 - Coastal Waters, Beaches, and Sand Dunes|Part 4 - Coastal Marshlands|§ 12-5-288. Restriction on Granting of Permits; Size Restriction; Activities and Structures Considered Contrary to Public Interest

  If the project is not water related or dependent on waterfront access or can be satisfied by the use of an alternative nonmarshland site or by use of existing public facilities, a permit usually should not be granted pursuant to Code Section 12-5-286.   The amount of marshlands to be altered must be minimum in size. The following activities and structures are normally considered to be contrary to the public interest when located in coastal marshlands but the final decision as to whether any activity or structure is considered to be in the public interest shall be in the sound discretion of the committee:   Filling of marshlands for residential, commercial, and industrial uses;   Filling of marshlands for private parking lots and private roadways;   Construction of dump sites and depositing of any waste materials or dredge spoil;   Dredging of canals or ditches for the purpose of draining coastal marshlands;   Mining;   Construction of lagoons or impoundments for waste treatment, cooling, agriculture, or aquaculture which would occupy or damage coastal marshlands or life forms therein; and   Construction of structures which constitute an obstruction of view to adjoining riparian landowners, including signs and enclosures.       (Code 1981, §12-5-288, enacted by Ga. L. 1992, p. 2294, § 1; Ga. L. 2012, p. 1074, § 3/SB 319; Ga. L. 2019, p. 741, § 5/HB 201.)    The 2019 amendment,  effective January 1, 2020, added "and" at the end of paragraph (b)(6); substituted a period for "; and" at the end of paragraph (b)(7); and deleted former paragraph (b)(8), which read: "Occupying a live-aboard for more than 90 days during any calendar year; provided, however, that the commissioner may grant extensions of time beyond 90 days to persons making a request in writing stating the reasons for such extension. Owners of docks where live-aboards are moored as well as owners and occupants of live-aboards are responsible under this part".
GA Code § 12-5-289 (2021)
2021 Georgia Code|Title 12 - Conservation and Natural Resources|Chapter 5 - Water Resources|Article 4 - Coastal Waters, Beaches, and Sand Dunes|Part 4 - Coastal Marshlands|§ 12-5-289. Inspection of Marshlands

 The department, through its officers, staff, and game wardens, shall, in addition to its other duties prescribed by law, make reasonable inspections of the marshlands to ascertain whether the requirements of this part and the rules, regulations, and permits promulgated or issued under this part are being faithfully complied with.    (Ga. L. 1970, p. 939, § 6; Code 1981, §12-5-286; Code 1981, §12-5-289, as redesignated by Ga. L. 1992, p. 2294, § 1; Ga. L. 2019, p. 808, § 7/SB 72.)    The 2019 amendment,  effective July 1, 2019, substituted "game wardens" for "conservation rangers" near the beginning of this Code section.   RESEARCH REFERENCES   Am. Jur. 2d.   - 2 Am. Jur. 2d, Administrative Law, § 254.   C.J.S.   - 73 C.J.S., Public Administrative Law and Procedure, § 190.
GA Code § 12-5-290 (2021)
2021 Georgia Code|Title 12 - Conservation and Natural Resources|Chapter 5 - Water Resources|Article 4 - Coastal Waters, Beaches, and Sand Dunes|Part 4 - Coastal Marshlands|§ 12-5-290. Jurisdiction to Restrain Violation of Part

 The superior court of the county in which land or any part thereof lies or in which jurisdiction is appropriate shall have jurisdiction to restrain a violation of this part at the action of any person.    (Ga. L. 1970, p. 939, § 7; Code 1981, §12-5-287; Code 1981, §12-5-290, as redesignated by Ga. L. 1992, p. 2294, § 1.)   RESEARCH REFERENCES   C.J.S.   - 21 C.J.S., Courts, § 252 et seq.
GA Code § 12-5-292 (2021)
2021 Georgia Code|Title 12 - Conservation and Natural Resources|Chapter 5 - Water Resources|Article 4 - Coastal Waters, Beaches, and Sand Dunes|Part 4 - Coastal Marshlands|§ 12-5-292. Posting of Permit

 A copy of every permit issued to an applicant shall be prominently displayed within the area of proposed activity. If the committee deems it advisable, the applicant may be required to cause a sign to be erected bearing the permit number, date of issuance, name of applicant, and such other information as the committee may reasonably require. The committee may specify the type of sign to be erected and may designate, within reasonable dimensions, the size of the sign.    (Ga. L. 1970, p. 939, § 8; Code 1981, §12-5-289; Code 1981, §12-5-292, as redesignated byGa. L. 1992, p. 2294, § 1.)
GA Code § 12-5-293 (2021)
2021 Georgia Code|Title 12 - Conservation and Natural Resources|Chapter 5 - Water Resources|Article 4 - Coastal Waters, Beaches, and Sand Dunes|Part 4 - Coastal Marshlands|§ 12-5-293. Effect on Permit of Sale, Lease, or Other Conveyance of Land

 If a permit holder sells, leases, rents, or otherwise conveys the land or any portion thereof for which the permit was issued, and if the permittee has notified the department within 30 days of such transfer or conveyance, such permit shall be continued in force in favor of the new owner, lessee, tenant, or other assignee so long as there is no change in the use of the land as set forth in the original application.    (Ga. L. 1970, p. 939, § 9; Code 1981, §12-5-290; Code 1981, §12-5-293, as redesignated by Ga. L. 1992, p. 2294, § 1.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 51 Am. Jur. 2d, Licenses and Permits, § 65.   C.J.S.   - 53 C.J.S., Licenses, § 84.
GA Code § 12-5-294 (2021)
2021 Georgia Code|Title 12 - Conservation and Natural Resources|Chapter 5 - Water Resources|Article 4 - Coastal Waters, Beaches, and Sand Dunes|Part 4 - Coastal Marshlands|§ 12-5-294. Existence of an Emergency; Order; Right to Hearing

 In the event of an emergency, whether created by act of God or by actions of domestic or foreign enemies, or in circumstances where grave peril to human life or welfare exists,the committee shall issue an order reciting the existence of such an emergency and requiring or allowing that such action be taken as it deems necessary to meet the emergency. Notwithstanding any other provisions of this part to the contrary, such order shall be effective immediately.If an order requiring a person to take action is issued pursuant to this Code section, such person shall be entitled to a hearing within ten days of the date of issuance of the order.    (Ga. L. 1970, p. 939, § 12; Code 1981, §12-5-291; Code 1981, §12-5-294, as redesignated by Ga. L. 1992, p. 2294, § 1.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 73 Am. Jur. 2d, Statutes, § 255.   C.J.S.   - 82 C.J.S., Statutes, § 363.
GA Code § 12-5-296 (2021)
2021 Georgia Code|Title 12 - Conservation and Natural Resources|Chapter 5 - Water Resources|Article 4 - Coastal Waters, Beaches, and Sand Dunes|Part 4 - Coastal Marshlands|§ 12-5-296. Criminal Violation

 Any person violating any of the provisions of this part shall be guilty of a misdemeanor.    (Ga. L. 1970, p. 939, § 10; Code 1981, §12-5-293; Code 1981, §12-5-296, as redesignated by Ga. L. 1992, p. 2294, § 1.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 21 Am. Jur. 2d, Criminal Law, § 20.   C.J.S.   - 22 C.J.S., Criminal Law, §§ 7, 22.
GA Code § 12-5-297 (2021)
2021 Georgia Code|Title 12 - Conservation and Natural Resources|Chapter 5 - Water Resources|Article 4 - Coastal Waters, Beaches, and Sand Dunes|Part 4 - Coastal Marshlands|§ 12-5-297. Liability for Damages

 Any person who causes or permits any removal, filling, dredging, or draining or other alteration of marshlands in this state within the estuarine area thereof without first obtaining a permit from the committee shall be liable in damages to the state and any political subdivision thereof for any and all actual or projected costs, expenses, and injuries occasioned by such alteration of the marshlands.The amount of damages assessed pursuant to this Code section shall include, but shall not be limited to, any actual or projected costs and expenses incurred by the state or any political subdivision thereof in restoring as nearly as possible the natural movement of the waters in the marshlands and replacing the vegetation and aquatic life destroyed by any alteration of marshlands.Damages to the state shall be recoverable in a civil action instituted by the department and shall be paid to the department to cover the cost of restoration.Damages to a political subdivision shall be recoverable in a civil action instituted by said subdivision.    (Code 1981, §12-5-297, enacted by Ga. L. 1992, p. 2294, § 1.)
GA Code § 12-5-310 (2021)
2021 Georgia Code|Title 12 - Conservation and Natural Resources|Chapter 5 - Water Resources|Article 4 - Coastal Waters, Beaches, and Sand Dunes|Part 5 - Sea Oats|§ 12-5-310. Legislative Purpose

 It is the purpose of this part to protect the beaches and shores of the state from erosion by preserving natural vegetative cover to bind the sand of such beaches and shores.   (Ga. L. 1973, p. 727, § 1.)   Cross references.   - Wildflower preservation generally, § 12-6-170 et seq.    Contents of ordinances, resolutions, and other provisions adopted for purpose of governing activities which may result in soil erosion or sedimentation of waters or lands, § 12-7-6.
GA Code § 12-5-311 (2021)
2021 Georgia Code|Title 12 - Conservation and Natural Resources|Chapter 5 - Water Resources|Article 4 - Coastal Waters, Beaches, and Sand Dunes|Part 5 - Sea Oats|§ 12-5-311. Cutting, Harvesting, Removing, or Eradicating Sea Oats

 It is unlawful for any person to cut, harvest, remove, or eradicate any of the grass commonly known as sea oats (Uniola paniculata L.) from any public land of this state or from any private land without the consent of the owner of such land or the persons having lawful possession thereof.   (Ga. L. 1973, p. 727, § 2.)
GA Code § 12-5-312 (2021)
2021 Georgia Code|Title 12 - Conservation and Natural Resources|Chapter 5 - Water Resources|Article 4 - Coastal Waters, Beaches, and Sand Dunes|Part 5 - Sea Oats|§ 12-5-312. Penalty

 Any person violating any provision of this part shall be guilty of a misdemeanor.   (Ga. L. 1973, p. 727, § 3.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 21 Am. Jur. 2d, Criminal Law, § 20.   63C Am. Jur. 2d, Public Lands, § 21 et seq.   83 Am. Jur. 2d, Zoning and Planning, § 7.   C.J.S.   - 22 C.J.S., Criminal Law, §§ 7, 22.   65 C.J.S., Navigable Waters, §§ 61, 119.
GA Code § 12-5-320 (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|§ 12-5-320. Short Title

 This part shall be known and may be cited as the "Georgia Coastal Management Act."    (Code 1981, §12-5-320, enacted by Ga. L. 1997, p. 1037, § 1.)