reglab/statecodes huggingface dataset:
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 2 - DEPARTMENT OF NATURAL RESOURCES (§§ 12-2-1 — 12-2-24) › Article 1 - GENERAL PROVISIONS (§§ 12-2-1 — 12-2-11) › Section 12-2-3 - Departmental purposes

It shall be the objectives of the department:
(1)
To have the powers, duties, and authority formerly vested in the Division of Conservation and the commissioner of conservation;
(2)
By means of investigation, recommendation, and print or electronic publication, to aid:
(A)
In the promotion of the conservation and development of the natural resources of the state;
(B)
In promoting a more profitable use of lands and waters;
(C)
In promoting the development of commerce and industry; and
(D)
In coordinating existing scientific investigations with any related work of other agencies for the purpose of formulating and promoting sound policies of conservation and development;
(3)
To collect and classify the facts derived from such investigations and from the work of other agencies of the state as a source of information accessible to the citizens of the state and to the public generally, which facts set forth the natural, economic, industrial, and commercial advantages of the state; and
(4)
To establish and maintain perfect cooperation with any and every agency of the federal government interested in or dealing with the subject matter of the department.
Amended by 2010 Ga. Laws 615,§ 11, eff. 6/3/2010.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 2 - DEPARTMENT OF NATURAL RESOURCES (§§ 12-2-1 — 12-2-24) › Article 1 - GENERAL PROVISIONS (§§ 12-2-1 — 12-2-11) › Section 12-2-5 - Essential services for inhabitants of coastal islands authorized

On the coastal islands of the State of Georgia, where there is no causeway or other means of land transportation and where essential services are not otherwise provided, the department is authorized to contract for or to provide essential services and water transportation for the employees of the department and their families, other state employees and their families, and any permanent residents of the islands. This authorization is applicable only to those islands owned or controlled by the State of Georgia and upon which the department has facilities located, or on other islands where an emergency condition is found to exist.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 2 - DEPARTMENT OF NATURAL RESOURCES (§§ 12-2-1 — 12-2-24) › Article 1 - GENERAL PROVISIONS (§§ 12-2-1 — 12-2-11) › Section 12-2-7 - Duty to advise Governor on environmental matters

(a)
The department shall have the duty of providing special counsel to the Governor concerning environmental matters affecting the state.
(b)
In providing counsel to the Governor on environmental matters, the department shall:
(1)
Advise the Governor on comprehensive environmental policy for the state;
(2)
Develop guidelines for balancing environmental quality with economic development;
(3)
Study and from time to time report to the Governor on environmental conditions and trends in the state;
(4)
Make or recommend such special environmental studies as it deems appropriate or desirable; and
(5)
Recommend environmental policies for improvement and maintenance of the quality of environmental conditions within the state.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 2 - DEPARTMENT OF NATURAL RESOURCES (§§ 12-2-1 — 12-2-24) › Article 1 - GENERAL PROVISIONS (§§ 12-2-1 — 12-2-11) › Section 12-2-9 - Accreditation of commercial analytical laboratories submitting regulatory data

All commercial analytical laboratories submitting data for regulatory purposes shall be accredited or approved as specified in the Environmental Protection Division's rules and regulations. Such regulations shall provide for procedures, identification of accrediting organizations, reciprocity, and an effective date which allows a phase-in period; provided, however, that the effective date of such rules and regulations shall be on or after July 1, 2001. This Code section shall not apply to turbidity data submitted pursuant to individual or general permits for storm-water discharges from construction activities authorized in subparagraphs (a)(1)(N) and (a)(1)(O) of Code Section
12-5-23
.
Amended by 2002 Ga. Laws 462, § 12, eff. 4/18/2002.
Amended by 2001SP Ga. Laws 2EX5, §1, eff. 9/15/2001.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 2 - DEPARTMENT OF NATURAL RESOURCES (§§ 12-2-1 — 12-2-24) › Article 2 - BOARD OF NATURAL RESOURCES (§§ 12-2-20 — 12-2-24) › Section 12-2-20 - Short title

This article shall be known and may be cited as the "Natural Resources Act of 1973."
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 2 - DEPARTMENT OF NATURAL RESOURCES (§§ 12-2-1 — 12-2-24) › Article 2 - BOARD OF NATURAL RESOURCES (§§ 12-2-20 — 12-2-24) › Section 12-2-21 - Composition of Board of Natural Resources; appointment and confirmation of members; terms of members; vacancies

The Board of Natural Resources shall consist of one member from each congressional district in this state; one additional member from one of the following named counties: Chatham, Bryan, Liberty, McIntosh, Glynn, or Camden; and four members from the state at large. The members shall be appointed by the Governor and confirmed by the Senate. Except as otherwise specifically provided in this Code section, members shall be appointed for a term of seven years from the expiration of the previous term. The four members from the state at large shall be appointed initially for terms of one, three, five, and seven years, respectively, to be designated by the Governor; all succeeding appointments of at-large members shall be for a term of seven years. In as far as it is practical, the members of the Board of Natural Resources shall be representative of all areas and functions encompassed within the Department of Natural Resources. All members of the Board of Natural Resources shall hold office until their successors are appointed and qualified. Vacancies in office shall be filled by appointment by the Governor and submitted to the Senate for confirmation at the next session of the General Assembly after the making of the appointment. Any member so appointed shall serve until the expiration of the vacated term. No more than two members shall come from the same congressional district.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 2 - DEPARTMENT OF NATURAL RESOURCES (§§ 12-2-1 — 12-2-24) › Article 2 - BOARD OF NATURAL RESOURCES (§§ 12-2-20 — 12-2-24) › Section 12-2-22 - Oath of office; bond

Persons appointed to the Board of Natural Resources shall take oath of office and give bond in the sum of $1,000.00 in the usual form required of state officers.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 2 - DEPARTMENT OF NATURAL RESOURCES (§§ 12-2-1 — 12-2-24) › Article 2 - BOARD OF NATURAL RESOURCES (§§ 12-2-20 — 12-2-24) › Section 12-2-23 - Officers; meetings; quorum; compensation of members; reimbursement of members for expenses

(a)
The members of the Board of Natural Resources shall elect a chairman, a vice-chairman, and a secretary. These officers shall be elected for a period of one year and shall be elected annually at the January meeting.
(b)
The board shall hold regular meetings at least once every 60 days and may not hold more than six special or called meetings in any one calendar year. A special or called meeting may be called by the chairman or a majority of the members of the board. The board shall meet at such times and at such designated places in this state as it may determine.
(c)
Eight members of the board shall constitute a quorum.
(d)
The members, including the chairperson, shall each receive the per diem prescribed in Code Section
45-7-21
for each day of actual attendance at meetings of the board, or any committee thereof, and shall be reimbursed for travel expenses, lodging, meals, and transportation at the same rates established in the travel regulations for state employees. The members, including the chairperson, while on committee assignment approved in advance by the chairperson, shall receive the same per diem and reimbursement of travel expenses as those authorized for attendance at meetings. Notwithstanding any other provision of this Code section, the total per diem compensation paid in any year to any member of the board shall not exceed $3,000.00. Such per diem and actual expense shall be paid from funds of the department.
Amended by 2011 Ga. Laws 182,§ 1, eff. 7/1/2011.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 2 - DEPARTMENT OF NATURAL RESOURCES (§§ 12-2-1 — 12-2-24) › Article 2 - BOARD OF NATURAL RESOURCES (§§ 12-2-20 — 12-2-24) › Section 12-2-24 - Powers and duties of Board of Natural Resources; rules and regulations; fee refunds; policies

(a)
(1)
The Board of Natural Resources may make such rules and regulations as it may deem advisable to govern the work of the department and the duties of its employees under this title.
(2)
Without limiting paragraph (1) of this subsection, the board may establish, by rule or regulation, a procedure to refund fees collected in error or overpayment or to which the department or state is not otherwise entitled.
(b)
The Board of Natural Resources shall have the power to establish the general policies to be followed by the department.
(c)
The commissioner of natural resources shall have the power to administer the department pursuant to the general policies established by the Board of Natural Resources.
Amended by 2011 Ga. Laws 182,§ 2, eff. 7/1/2011.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 3 - PARKS, HISTORIC AREAS, MEMORIALS, AND RECREATION (§§ 12-3-1 — 12-3-680) › Article 1 - GENERAL PROVISIONS (§§ 12-3-1 — 12-3-25) › Part 1 - GENERAL PROVISIONS (§§ 12-3-1 — 12-3-12) › Section 12-3-1 - Duties and powers of department as to recreational policies and programs

(a)
It shall be the duty of the Department of Natural Resources:
(1)
To formulate in cooperation with other state agencies, interested organizations, and citizens a comprehensive recreation policy for the State of Georgia;
(2)
To study and appraise recreational needs of the state and to assemble and disseminate information relative to recreation;
(3)
To cooperate in the promotion and organization of local recreational systems or programs for municipalities, counties, school districts, and other areas of the state and upon request to advise them in the planning of recreation areas and facilities and to consult with them in the planning and financing of recreational programs;
(4)
To aid in recruiting, educating, and placing recreation workers and in promoting recreational institutes and conferences;
(5)
To help establish and promote recreation standards;
(6)
To cooperate with state and federal agencies, commercial and industrial recreational interests, voluntary agencies, and other agencies interested in the promotion of recreational opportunities;
(7)
To submit an annual report of activities and recommendations to the Governor and to notify the General Assembly of the availability of the annual report in the manner which it deems to be most effective and efficient; and
(8)
To do such other things as are necessary and proper to effectuate the purposes of this Code section.
(b)
The department shall have the following powers:
(1)
To assist upon request any department, commission, board, agency, or officer of the state in rendering recreational services in conformity with their respective authorized powers and duties and to encourage and assist in the coordination of federal, state, and local recreation activities;
(2)
To request from the various state departments and other agencies and authorities of the state and its political subdivisions and their agencies and authorities such available information as it may require in its work with regard to recreation; all of these agencies and authorities shall within a reasonable time furnish such requested available information to the department; and
(3)
To make recommendations as to the operation of recreation facilities.
Amended by 2005 Ga. Laws 333,§ 4, eff. 7/1/2005.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 3 - PARKS, HISTORIC AREAS, MEMORIALS, AND RECREATION (§§ 12-3-1 — 12-3-680) › Article 1 - GENERAL PROVISIONS (§§ 12-3-1 — 12-3-25) › Part 1 - GENERAL PROVISIONS (§§ 12-3-1 — 12-3-12) › Section 12-3-2 - Disposition of miscellaneous funds by department

Notwithstanding any other provision of law, the department is authorized to retain all miscellaneous funds generated by the operation of its park, historic, and recreational sites and facilities for use in the operation and maintenance of those sites and facilities. Any such funds not expended for this purpose in the fiscal year in which they are generated shall be deposited in the state treasury, provided that nothing in this Code section shall be construed so as to allow the department to retain any funds required by the Constitution of Georgia to be paid into the state treasury; provided, further, that the department shall comply with all provisions of Part 1 of Article 4 of Chapter 12 of Title 45, the "Budget Act," except Code Section
45-12-92
, prior to expending any such miscellaneous funds.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 3 - PARKS, HISTORIC AREAS, MEMORIALS, AND RECREATION (§§ 12-3-1 — 12-3-680) › Article 1 - GENERAL PROVISIONS (§§ 12-3-1 — 12-3-25) › Part 1 - GENERAL PROVISIONS (§§ 12-3-1 — 12-3-12) › Section 12-3-5 - Authority of state to make grants, leases, contracts, and cooperative agreements in regard to public-use areas; powers of department

(a)
The State of Georgia is authorized to make grants, as funds are available, to any county, municipality, or other local government, or any combination thereof, or to any public authority, agency, commission, or institution, for the purpose of acquiring, establishing, developing, improving, maintaining, protecting, restoring, preserving, constructing, reconstructing, or renovating any public boat ramps, fishing piers, fishing lakes or areas, hunting areas, stream access areas, fisherman catwalks, parks, recreational or natural areas, historic, archeologic or scientific sites, or other similar property for public use. In addition, these grants may be made to further, or assist in furthering, any of the services, purposes, duties, responsibilities, or functions vested in the department.
(b)
The State of Georgia is authorized to enter into leases of real and personal property belonging to the State of Georgia with any county, municipality, or other local government, or any combination thereof, or with any public authority, agency, commission, or institution, for the development, improvement, maintenance, establishment, or operation of any public parks, recreational or natural areas, historic, archeologic or scientific sites, or any other similar property for public use; provided, however, that such leases shall have the prior approval of the State Properties Commission.
(c)
The State of Georgia is authorized to contract and make cooperative agreements, leases, and rental agreements with the United States government; any county, municipality, or local government, or any combination thereof; any public or private corporation or firm; any persons whatsoever; or any public authority, agency, commission, or institution, or to arrange for contracts, agreements, or leases between state agencies, for any of the services, purposes, duties, responsibilities, or functions vested in the department.
(d)
The department shall administer all grants made under the authority of this Code section and is authorized to specify the terms and conditions under which any grants of funds are made. The use of any granted funds by the grantee shall be under and subject to such terms and conditions as shall be prescribed by the department.
(e)
The leases, contracts, cooperative agreements, and rental agreements executed under the authority of this Code section shall be entered into and made by the department acting for the State of Georgia. The department may place such terms, limitations, restrictions, and conditions in such leases, cooperative agreements, contracts, and rental agreements as are deemed necessary to ensure that the utilization of the property is in the public interest.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 3 - PARKS, HISTORIC AREAS, MEMORIALS, AND RECREATION (§§ 12-3-1 — 12-3-680) › Article 1 - GENERAL PROVISIONS (§§ 12-3-1 — 12-3-25) › Part 1 - GENERAL PROVISIONS (§§ 12-3-1 — 12-3-12) › Section 12-3-6 - Federal Land and Water Conservation Fund Act of 1965 - Creation of office for administration of federal funds

The commissioner of natural resources, with the approval of the Governor, is authorized to implement the federal Land and Water Conservation Fund Act of 1965, by creating within the Department of Natural Resources or within any other department of the executive branch an office to administer the federal funds available to the state and its departments, agencies, boards, bureaus, and political subdivisions.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 3 - PARKS, HISTORIC AREAS, MEMORIALS, AND RECREATION (§§ 12-3-1 — 12-3-680) › Article 1 - GENERAL PROVISIONS (§§ 12-3-1 — 12-3-25) › Part 1 - GENERAL PROVISIONS (§§ 12-3-1 — 12-3-12) › Section 12-3-7 - Federal Land and Water Conservation Fund Act of 1965 - Designation of office as state agency to deal with secretary of interior; powers of head of office

The office created by the commissioner of natural resources under Code Section
12-3-6
shall be considered as the state agency authorized to deal with the secretary of the interior pursuant to the requirements of the federal Land and Water Conservation Fund Act of 1965, and in this respect the head of the agency thus designated is authorized, with the approval of the Governor and the commissioner of natural resources, to appoint personnel for such office, establish the compensation for such personnel, and set out the powers, duties, and authority of such office and personnel therein.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 3 - PARKS, HISTORIC AREAS, MEMORIALS, AND RECREATION (§§ 12-3-1 — 12-3-680) › Article 1 - GENERAL PROVISIONS (§§ 12-3-1 — 12-3-25) › Part 1 - GENERAL PROVISIONS (§§ 12-3-1 — 12-3-12) › Section 12-3-8 - Federal Land and Water Conservation Fund Act of 1965 - Establishment of state assistance fund to provide matching funds for local recreational projects; limitations on use of fund; approval of projects by federal government

The commissioner of natural resources, with the approval of the Governor, is authorized to establish a fund to be known as the state assistance fund which may be used to match federal, municipal, and county funds to acquire lands for recreational purposes and to improve, expand, develop, or construct outdoor recreation facilities. Such fund cannot be used to finance more than 25 percent of the total cost of each local project for such purpose, and each local authority improving, expanding, developing, or constructing such local outdoor recreation facilities shall be required to finance at least 25 percent of the total cost of each such project before any state funds can be utilized. No state funds shall be available to such local units unless such projects shall be approved by the federal government.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 3 - PARKS, HISTORIC AREAS, MEMORIALS, AND RECREATION (§§ 12-3-1 — 12-3-680) › Article 1 - GENERAL PROVISIONS (§§ 12-3-1 — 12-3-25) › Part 1 - GENERAL PROVISIONS (§§ 12-3-1 — 12-3-12) › Section 12-3-9 - Adoption and promulgation by Board of Natural Resources of rules and regulations regarding parks, historic sites, and recreational areas

(a)
The Board of Natural Resources is authorized to adopt and promulgate rules and regulations relating to:
(1)
The use or occupancy of state parks, historic sites, and recreational areas; and
(2)
The protection of the health, safety, and welfare of persons using state parks, historic sites, and recreational areas, and the protection of state property thereon, provided that nothing in this Code section shall be construed to repeal, diminish, or supersede the authority of the Department of Public Health to promulgate rules and regulations for the protection of the public health.
(b)
Nothing in this Code section shall be construed to give additional authority to the Board of Natural Resources to adopt and promulgate rules and regulations relating to the game and fish laws of this state.
Amended by 2011 Ga. Laws 244,§ 6-3, eff. 7/1/2011.
Amended by 2009 Ga. Laws 102,§ 1-4, eff. 7/1/2009.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 3 - PARKS, HISTORIC AREAS, MEMORIALS, AND RECREATION (§§ 12-3-1 — 12-3-680) › Article 1 - GENERAL PROVISIONS (§§ 12-3-1 — 12-3-25) › Part 1 - GENERAL PROVISIONS (§§ 12-3-1 — 12-3-12) › Section 12-3-9.1 - Discount for certified disabled veterans

(a)
As used in this Code section, the term:
(1)
"Disabled veteran" means a veteran discharged under honorable conditions from any branch of the armed forces of the United States who has a physical disability which was incurred during the period of service in the armed forces and who is a resident of the State of Georgia.
(2)
"Fee" means the charge or fee established by the Board of Natural Resources for the use or occupancy of any state park, historic site, or recreational area and specifically includes, but is not limited to, entrance or admittance fees, rental fees for cabins or other overnight lodgings, rental fees for campsites, and fees for the use of golf courses or other recreational facilities.
(b)
Any disabled veteran may apply to the commissioner of veterans service for certification as a disabled veteran as defined by paragraph (1) of subsection (a) of this Code section. The commissioner of veterans service is authorized and directed to certify such applicants as disabled veterans and to issue to such applicants such proof of certification as the commissioner finds appropriate. The commissioner of veterans service may by rule or regulation require such documentation as may be necessary to certify disabled veterans as provided in this subsection.
(c)
Any disabled veteran who is certified as such by the commissioner of veterans service as provided in subsection (b) of this Code section shall be granted a discount of 25 percent of the fee otherwise applicable at any state park, historic site, or recreational area operated by or pursuant to the authority of the Department of Natural Resources or any division or other agency of said department.
(d)
The discount provided for in subsection (c) of this Code section:
(1)
Shall apply to rental fees for cabins, campsites, or other overnight accommodations for the disabled veteran and members of the disabled veteran's immediate family who occupy the overnight accommodations with the disabled veteran; and
(2)
Shall not apply to rental or use fees for any group facilities or accommodations.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 3 - PARKS, HISTORIC AREAS, MEMORIALS, AND RECREATION (§§ 12-3-1 — 12-3-680) › Article 1 - GENERAL PROVISIONS (§§ 12-3-1 — 12-3-25) › Part 1 - GENERAL PROVISIONS (§§ 12-3-1 — 12-3-12) › Section 12-3-10.1 - Directing persons to leave parks, historic sites, or recreation areas; penalty

(a)
Any person who violates any rules and regulations adopted pursuant to paragraph (1) of subsection (a) of Code Section
12-3-9
and who refuses to cease such violation after notice may be directed to leave the park, historic site, or recreational area on which the violation occurs. A person shall have no legal authority, right, or privilege to remain upon a state park, historic site, or recreational area after receiving such a direction.
(b)
Any person violating the provisions of this Code section shall be guilty of a misdemeanor.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 3 - PARKS, HISTORIC AREAS, MEMORIALS, AND RECREATION (§§ 12-3-1 — 12-3-680) › Article 1 - GENERAL PROVISIONS (§§ 12-3-1 — 12-3-25) › Part 1 - GENERAL PROVISIONS (§§ 12-3-1 — 12-3-12) › Section 12-3-11 - Civil penalty; reports to department by clerk of court regarding disposition of actions; compensation of clerk for reports

Any person who violates any provision of Code Section
12-3-9
or
12-3-10
or the provisions of any law administered by the department concerning parks, historic sites, and recreational areas, or any regulations or orders promulgated and administered thereunder, shall be liable civilly for a penalty in a maximum amount of $1,000.00 for each and every violation thereof, such civil penalty to be recoverable by a civil action brought in the name of the commissioner of natural resources by the prosecuting attorney of the county in which the alleged violator resides. The commissioner on his motion may, or, upon complaint of any interested party charging a violation, shall refer the matter directly to the prosecuting attorney of the county in which the violator resides. The proceeds from all civil penalties arising from enforcement of such laws, regulations, and orders shall, except as otherwise provided in this Code section, be applied initially toward payment of the proper officers of the trial court as prescribed by law. The money remaining after such officers have been compensated shall be remitted promptly by the clerk of the court in which the case is disposed of to the treasurer of the county in which the civil penalty is assessed, or other officer having charge of the fiscal affairs of the county, who shall deposit the funds in the general fund of the county, such funds to be allocated to the county board of education for school purposes. The clerk of the court in which each case is disposed shall promptly make a written report to the department showing the disposition of each case. For making each report, he shall be entitled to an additional fee of $1.00 in each case, unless otherwise prohibited by law, to be added to the costs allowed by law against the defendant, to be retained by the clerk as his special compensation for making the report. The civil penalty prescribed in this Code section shall be concurrent with, alternative to, and cumulative of any and all other civil, criminal, or alternative rights, remedies, forfeitures, or penalties provided, allowed, or available to the department with respect to any violation of the laws administered by the department and any regulations or orders promulgated and administered thereunder.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 3 - PARKS, HISTORIC AREAS, MEMORIALS, AND RECREATION (§§ 12-3-1 — 12-3-680) › Article 1 - GENERAL PROVISIONS (§§ 12-3-1 — 12-3-25) › Part 1 - GENERAL PROVISIONS (§§ 12-3-1 — 12-3-12) › Section 12-3-12 - Notification of local governing authorities prior to certain significant changes in services at state parks, historic sites, or recreational areas

(a)
As used in this Code section, the term "change in services" means the:
(1)
Permanent change of a primary existing operational function;
(2)
Reduction by 50 percent or more of the hours of operation or services; or
(3)
Closure
of any state park, historic site, or recreational area operated by or pursuant to the authority of the department.
(b)
Prior to making a change in services, the department shall provide 60 days' notice to the governing authority of each municipality and county in which any part of the state park, historic site, or recreational area is located regarding the specific proposed change in services. The notice required by this Code section shall be made in writing and sent to the applicable chairperson of the county commissioners and the mayor of the municipality.
Added by 2013 Ga. Laws 201,§ 1, eff. 7/1/2013.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 3 - PARKS, HISTORIC AREAS, MEMORIALS, AND RECREATION (§§ 12-3-1 — 12-3-680) › Article 1 - GENERAL PROVISIONS (§§ 12-3-1 — 12-3-25) › Part 2 - RECREATIONAL AUTHORITIES OVERVIEW COMMITTEE (§§ 12-3-20 — 12-3-25) › Section 12-3-20 - Creation of committee; members and organization; duty to review operations of Stone Mountain Memorial Association, Jekyll Island - State Park Authority, North Georgia Mountains Authority, and Lake Lanier Islands Development Authority

There is created as a joint committee of the General Assembly the Recreational Authorities Overview Committee to be composed of three members of the House of Representatives appointed by the Speaker of the House of Representatives and three members of the Senate appointed by the President of the Senate. The members of the committee shall serve two-year terms concurrent with their terms as members of the General Assembly. The chairperson of the committee shall be appointed by the Speaker of the House of Representatives from the membership of the committee, and the vice chairperson of the committee shall be appointed by the President of the Senate from the membership of the committee. The chairperson and vice chairperson shall serve terms of two years concurrent with their terms as members of the General Assembly. Vacancies in an appointed member's position or in the offices of chairperson or vice chairperson of the committee shall be filled for the unexpired term in the same manner as the original appointment. The committee shall periodically inquire into and review the operations of the Stone Mountain Memorial Association, the North Georgia Mountains Authority, and the Lake Lanier Islands Development Authority and shall periodically review and evaluate the success with which each of the said authorities is accomplishing its statutory duties and functions as provided in this chapter.
Amended by 2007 Ga. Laws 367,§ 2, eff. 5/30/2007.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 3 - PARKS, HISTORIC AREAS, MEMORIALS, AND RECREATION (§§ 12-3-1 — 12-3-680) › Article 1 - GENERAL PROVISIONS (§§ 12-3-1 — 12-3-25) › Part 2 - RECREATIONAL AUTHORITIES OVERVIEW COMMITTEE (§§ 12-3-20 — 12-3-25) › Section 12-3-21 - Assistance by state officers and agencies

The state auditor, the Attorney General, and all other agencies of state government, upon request by the committee, shall assist the committee in the discharge of its duties as set forth in this part.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 3 - PARKS, HISTORIC AREAS, MEMORIALS, AND RECREATION (§§ 12-3-1 — 12-3-680) › Article 1 - GENERAL PROVISIONS (§§ 12-3-1 — 12-3-25) › Part 2 - RECREATIONAL AUTHORITIES OVERVIEW COMMITTEE (§§ 12-3-20 — 12-3-25) › Section 12-3-22 - Reporting requirements; enforcement

The Stone Mountain Memorial Association, the Jekyll Island-State Park Authority, the North Georgia Mountains Authority, and the Lake Lanier Islands Development Authority shall cooperate with the committee, its agents, the Attorney General, the state auditor, the state accounting officer, and other state agencies in order that the duties of the committee set forth in this part may be timely and efficiently discharged. Each of the named authorities shall submit to the committee such reports and data as the committee shall reasonably require of the authority in order that the committee may adequately perform its functions. At least annually the commissioner of natural resources and the department's director of state parks and historic sites shall make a report to the committee of any legislative changes or revisions that may be needed to assist the named authorities in accomplishing their statutory duties and functions as provided in this chapter, either individually or as a group. The Attorney General is authorized to bring appropriate legal actions to enforce any laws specifically or generally relating to the authorities named in this part. The committee shall, on or before the first day of January of each year, and at such other times as it deems necessary, submit to the chairpersons of the appropriate standing committees of each house of the General Assembly a report of its findings and recommendations based upon the review of each of the named authorities, as set forth in this part.
Amended by 2005 Ga. Laws 140,§ 21, eff. 7/1/2005.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 3 - PARKS, HISTORIC AREAS, MEMORIALS, AND RECREATION (§§ 12-3-1 — 12-3-680) › Article 1 - GENERAL PROVISIONS (§§ 12-3-1 — 12-3-25) › Part 2 - RECREATIONAL AUTHORITIES OVERVIEW COMMITTEE (§§ 12-3-20 — 12-3-25) › Section 12-3-23 - Evaluation criteria

In the discharge of its duties, the committee shall evaluate the performance of the Stone Mountain Memorial Association, the Jekyll Island-State Park Authority, the North Georgia Mountains Authority, and the Lake Lanier Islands Development Authority consistent with the following criteria:
(1)
Prudent, legal, and accountable expenditure of public funds;
(2)
Efficient operation; and
(3)
Performance of its statutory responsibilities.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 3 - PARKS, HISTORIC AREAS, MEMORIALS, AND RECREATION (§§ 12-3-1 — 12-3-680) › Article 1 - GENERAL PROVISIONS (§§ 12-3-1 — 12-3-25) › Part 2 - RECREATIONAL AUTHORITIES OVERVIEW COMMITTEE (§§ 12-3-20 — 12-3-25) › Section 12-3-24 - Authorized expenditures; compensation of members; funding

(a)
The committee is authorized to expend state funds available to the committee for the discharge of its duties. Said funds may be used for the purposes of compensating staff personnel; paying for services of independent accountants, engineers, and consultants; and paying all other necessary expenses incurred by the committee in performing its duties.
(b)
The members of the committee shall receive the same compensation, per diem, expenses, and allowances for their service on the committee as is authorized by law for members of interim legislative study committees.
(c)
The funds necessary for the purposes of the committee shall come from the funds appropriated to and available to the legislative branch of government.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 3 - PARKS, HISTORIC AREAS, MEMORIALS, AND RECREATION (§§ 12-3-1 — 12-3-680) › Article 1 - GENERAL PROVISIONS (§§ 12-3-1 — 12-3-25) › Part 2 - RECREATIONAL AUTHORITIES OVERVIEW COMMITTEE (§§ 12-3-20 — 12-3-25) › Section 12-3-25 - Information required in annual reports

The committee shall report in each of its annual reports to the chairperson of the standing committees of each house of the General Assembly whether or not any of the authorities named in this part have undertaken activities having a projected cost of over $1 million without having first evaluated the feasibility of involving private persons or entities in the development, construction, operation, and management of the authority's existing projects and such proposed activities or has failed to file a copy of such evaluation with the Office of Planning and Budget.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 3 - PARKS, HISTORIC AREAS, MEMORIALS, AND RECREATION (§§ 12-3-1 — 12-3-680) › Article 2 - STATE PARKS AND RECREATIONAL AREAS GENERALLY (§§ 12-3-30 — 12-3-34) › Section 12-3-30 - Definitions

As used in this article, the term:
(1)
"Land" means upland; land under water; the water of any lake, pond, or stream; any and all incorporeal hereditaments; and all rights, estates, interests, privileges, easements, encumbrances, and franchises, legal and equitable, in land or water, including terms for years, and by way of judgment, mortgage or otherwise, and all claims for damages thereto.
(2)
"Park" or "recreational area" means any land which, by reason of natural features or scenic beauty, with or without historical, archeological, or scientific buildings or other objects thereon, possesses distinctive, innate or potential physical, intellectual, creative, social, or other recreational or educational value or interest.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 3 - PARKS, HISTORIC AREAS, MEMORIALS, AND RECREATION (§§ 12-3-1 — 12-3-680) › Article 2 - STATE PARKS AND RECREATIONAL AREAS GENERALLY (§§ 12-3-30 — 12-3-34) › Section 12-3-31 - Parks and recreational areas acquired by state as constituting state park system; control and management of system by department

All parks and recreational areas acquired by the state, whether before or after November 1, 1982, shall constitute the state park system and shall be under the immediate control and management of the department.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 3 - PARKS, HISTORIC AREAS, MEMORIALS, AND RECREATION (§§ 12-3-1 — 12-3-680) › Article 2 - STATE PARKS AND RECREATIONAL AREAS GENERALLY (§§ 12-3-30 — 12-3-34) › Section 12-3-33 - County and municipal aid to state park system

Any county, and any municipality therein, may use any available funds to aid in the purchase of any land or other property within the county which is to become the property of the state for incorporation into the state park system, provided that the department shall have first agreed in writing to the acceptance of the same. Any county, and any municipality therein, may contribute any available funds to or perform services for the department in furtherance of the improvement, maintenance, and operation of any state owned park or other property which is as of November 1, 1982, or may thereafter become a part of the state park system.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 3 - PARKS, HISTORIC AREAS, MEMORIALS, AND RECREATION (§§ 12-3-1 — 12-3-680) › Article 3 - HISTORIC AREAS (§§ 12-3-50 — 12-3-83) › Part 1 - GENERAL PROVISIONS (§§ 12-3-50 — 12-3-58) › Section 12-3-50.2 - Georgia Register of Historic Places

(a)
(1)
The Department of Community Affairs shall establish, maintain, and expand an inventory and register of historic places in this state, which register shall be known as the Georgia Register of Historic Places. Such register shall include:
(A)
Historic property which is listed in the National Register of Historic Places pursuant to the National Historic Preservation Act (
16 U.S.C. Section 470
, et seq.); and
(B)
Historic property which is defined as districts, sites, buildings, structures, or objects which possess integrity of location, design, setting, materials, workmanship, feeling, and association and which is determined to meet the criteria for listing in the Georgia Register of Historic Places according to the criteria outlined in regulations promulgated by the Board of Community Affairs.
(b)
The Department of Community Affairs shall be authorized to remove from the Georgia Register of Historic Places any property which no longer qualifies or meets the criteria for listing in such register.
(c)
The Department of Community Affairs shall provide an adequate and qualified state historic preservation review board designated by the state historic preservation officer.
(d)
Any person or entity may apply to the Department of Community Affairs to have property included in the Georgia Register of Historic Places. The Department of Community Affairs shall receive evidence, make investigations of such property, consult with other historic preservation experts, and obtain the recommendations of the state historic preservation review board to determine if such property should be included in the Georgia Register of Historic Places.
(e)
Any person who is aggrieved or adversely affected by any order or action of the Department of Community Affairs pursuant to this Code section shall, upon petition within 30 days after the issuance of such order or taking of such action, have a right to a hearing before an administrative law judge appointed by the Department of Community Affairs. The hearing before the administrative law judge shall be conducted in accordance with Chapter 13 of Title 50, the "Georgia Administrative Procedure Act." The decision of the administrative law judge shall constitute the final decision of the Department of Community Affairs and any party to the hearing, including the Department of Community Affairs, shall have the right of judicial review thereof in accordance with Chapter 13 of Title 50, the "Georgia Administrative Procedure Act."
Amended by 2020 Ga. Laws 381,§ 11, eff. 7/1/2020.
Amended by 2020 Ga. Laws 381,§ 9, eff. 7/1/2020.
Amended by 2020 Ga. Laws 381,§ 2, eff. 7/1/2020.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 3 - PARKS, HISTORIC AREAS, MEMORIALS, AND RECREATION (§§ 12-3-1 — 12-3-680) › Article 3 - HISTORIC AREAS (§§ 12-3-50 — 12-3-83) › Part 1 - GENERAL PROVISIONS (§§ 12-3-50 — 12-3-58) › Section 12-3-51 - Grants and gifts to department

For carrying out any of the objectives stated in Code Section
12-3-50
, the department may accept grants and gifts from the federal government; the state government; any county, municipal, or local government; any board, bureau, commission, agency, or establishment of any such government; any other organization, public or private; and any individual or groups of individuals. Such grants or gifts shall be held and administered subject to Code Section
12-3-50
, this Code section, and Code Sections
12-3-52
through
12-3-54
.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 3 - PARKS, HISTORIC AREAS, MEMORIALS, AND RECREATION (§§ 12-3-1 — 12-3-680) › Article 3 - HISTORIC AREAS (§§ 12-3-50 — 12-3-83) › Part 1 - GENERAL PROVISIONS (§§ 12-3-50 — 12-3-58) › Section 12-3-53 - State archeologist

In order to implement the protective and research policies as outlined in Code Section
12-3-52
, the department will appoint a state archeologist whose duties will be:
(1)
To direct, coordinate, and otherwise engage in fundamental archeological research on state lands containing sites or objects of archeological significance and to advise the commissioner of natural resources in permitting or entering into contractual agreements with recognized scientific institutions or qualified individuals to do the same;
(2)
To cooperate with other agencies of the state which have authority in areas where sites are located;
(3)
To conduct a survey of important archeological sites located on state land and, upon request, to survey and officially to recognize significant archeological sites on privately owned land, thereby encouraging the owner to cooperate with the state to preserve the site;
(4)
To conduct salvage archeology through data recovery on state sites threatened with destruction;
(5)
To protect, preserve, display, or store objects of archeological significance discovered by field archeology at state sites or discovered during the course of any construction or demolition work;
(6)
To establish training programs, either independently or in conjunction with institutions of higher learning, in order to disseminate knowledge concerning archeology and its related disciplines; and
(7)
To encourage the dissemination of archeological facts through the print or electronic publication of reports of archeological research conducted by the department.
Amended by 2010 Ga. Laws 615,§ 11, eff. 6/3/2010.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 3 - PARKS, HISTORIC AREAS, MEMORIALS, AND RECREATION (§§ 12-3-1 — 12-3-680) › Article 3 - HISTORIC AREAS (§§ 12-3-50 — 12-3-83) › Part 1 - GENERAL PROVISIONS (§§ 12-3-50 — 12-3-58) › Section 12-3-54 - Penalty

Any person who intentionally violates Code Section
12-3-52
or who intentionally defaces, injures, destroys, displaces, or removes an object or site of archeological or historical value located on areas as designated in Code Section
12-3-52
shall be guilty of a misdemeanor.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 3 - PARKS, HISTORIC AREAS, MEMORIALS, AND RECREATION (§§ 12-3-1 — 12-3-680) › Article 3 - HISTORIC AREAS (§§ 12-3-50 — 12-3-83) › Part 2 - HERITAGE TRUST PROGRAM (§§ 12-3-70 — 12-3-77) › Section 12-3-70 - Short title

This part shall be known and may be cited as the "Heritage Trust Act of 1975."
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 3 - PARKS, HISTORIC AREAS, MEMORIALS, AND RECREATION (§§ 12-3-1 — 12-3-680) › Article 3 - HISTORIC AREAS (§§ 12-3-50 — 12-3-83) › Part 2 - HERITAGE TRUST PROGRAM (§§ 12-3-70 — 12-3-77) › Section 12-3-71 - Legislative purpose

The General Assembly finds that certain real property in Georgia, because it exhibits unique natural characteristics, special historical significance, or particular recreational value, constitutes a valuable heritage which should be available to all Georgians, now and in the future. The General Assembly further finds that much of this real property, because of Georgia's rapid progress over the past decade, has been altered, that its value as part of our heritage has been lost, and that such property which remains is in danger of being irreparably altered. The General Assembly declares, therefore, that there is an urgent public need to preserve important and endangered elements of Georgia's heritage, so as to allow present and future citizens to gain an understanding of their origins in nature and their roots in the culture of the past and to ensure a future sufficiency of recreational resources. The General Assembly asserts the public interest in the state's heritage by creating the Heritage Trust Program which shall be the responsibility of the Governor and the Department of Natural Resources and which shall seek to protect this heritage through the acquisition of fee simple title or lesser interests in valuable properties and by utilization of other available methods.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 3 - PARKS, HISTORIC AREAS, MEMORIALS, AND RECREATION (§§ 12-3-1 — 12-3-680) › Article 3 - HISTORIC AREAS (§§ 12-3-50 — 12-3-83) › Part 2 - HERITAGE TRUST PROGRAM (§§ 12-3-70 — 12-3-77) › Section 12-3-72 - Definitions

As used in this part, the term:
(1)
"Board" means the Board of Natural Resources.
(2)
"Heritage area" means an area of land, marsh, or water which has been identified by the board as having significant historical, natural, or cultural value.
(3)
"Heritage preserve" means a heritage area to which the state holds fee simple title or some lesser estate and which has been dedicated under this part.
(4)
"Private entity" means any natural person, corporation, general partnership, limited liability company, limited partnership, joint venture, business trust, public benefit corporation, nonprofit entity, or other business entity.
Amended by 2021 Ga. Laws 259,§ 1, eff. 7/1/2021.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 3 - PARKS, HISTORIC AREAS, MEMORIALS, AND RECREATION (§§ 12-3-1 — 12-3-680) › Article 3 - HISTORIC AREAS (§§ 12-3-50 — 12-3-83) › Part 2 - HERITAGE TRUST PROGRAM (§§ 12-3-70 — 12-3-77) › Section 12-3-73 - [Repealed] Creation of Heritage Trust Commission; appointment and criteria for selection of members; terms of office; reimbursement of members for expenses; duties

Repealed and reserved by 2019 Ga. Laws 296,§ 4-1, eff. 7/1/2019.