reglab/statecodes huggingface dataset:
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 5 - WATER RESOURCES (§§ 12-5-1 — 12-5-586) › Article 10 - METROPOLITAN NORTH GEORGIA WATER PLANNING DISTRICT ACT (§§ 12-5-570 — 12-5-586) › Section 12-5-574 - Powers; approval of plan non-binding on finances; extension of time for preparing plan

(a)
The district shall promote regional coordination and cooperation through the exercise of the following powers:
(1)
Development of regional and watershed-specific plans for storm-water management taking into account recommendations developed by the basin advisory councils;
(2)
Development of regional and watershed-specific plans for waste-water management taking into account recommendations developed by the basin advisory councils;
(3)
Development of regional and watershed-specific plans for water supply and water conservation taking into account recommendations developed by the basin advisory councils;
(4)
Development of regionally consistent policies, model ordinances, and minimum standards of performance for local governments relating to the creation and implementation of the plans developed by the district;
(5)
Development and coordination of an effective regional and watershed-specific water quality monitoring program and development and maintenance of a corresponding data base reflecting available monitoring data;
(6)
Establishment of education programs on water quality issues and promotion of water conservation;
(7)
Identification of funding sources, including without limitation federal funding sources for the creation and implementation of plans provided for under this article;
(8)
Entry into contracts with both public and private parties in connection with the exercise of the powers and duties of the district;
(9)
Development of measurable short-term and long-term goals for water quality and conservation improvement;
(10)
Development of a program to identify and implement structural controls and nonstructural controls needed to achieve the goals for water quality and conservation improvement; and
(11)
Reviewing and reporting on the progress of implementation of the water plans and achievement of the water goals developed pursuant to this article.
(b)
Approval by the district of any storm-water management plan, waste-water management plan, water supply and conservation plan, or other plan pursuant to this article shall not obligate any governing authority comprising a part of the district to provide funding for facilities planned or constructed pursuant to such plans which do not provide services to all or a portion of the population of such governing authority proportionate to any cost allocation.
(c)
No extension of time by the board for preparation of a plan provided for under this article shall exceed six months, nor shall more than one extension be granted for any such plan.
Added by 2001 Ga. Laws 27, § 1, eff. 5/1/2001.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 5 - WATER RESOURCES (§§ 12-5-1 — 12-5-586) › Article 10 - METROPOLITAN NORTH GEORGIA WATER PLANNING DISTRICT ACT (§§ 12-5-570 — 12-5-586) › Section 12-5-576 - Open meetings; quorum; voting; executive sessions

(a)
The board shall meet at least three times per year at a time and place set forth in the minutes of the district and at such other times as the chairperson may direct. All such meetings shall be open to the public.
(b)
A majority of the members to which the board is entitled shall constitute a quorum.
(c)
Once a quorum has been established, a majority of the members to which the board is entitled shall be required to adopt any matter before the district.
(d)
Each member of the board shall have one vote to be cast in person, and there shall be no voting by proxy; provided, however, that each member serving on the board pursuant to the provisions of paragraphs (1), (2), and (3) of subsection (a) of Code Section
12-5-575
shall be entitled to designate in writing to the chairperson of the board an alternate who may exercise any of the powers and discharge any of the duties of such member provided for in this article, including voting, in the absence of such member, other than serving as chairperson, vice chairperson, or secretary-treasurer of the board.
(e)
The district, by a majority vote of those members of the board present, may go into executive session for the purposes of discussing personnel matters, meeting with attorneys representing the district in adversarial or potentially adversarial situations, and for any other purpose authorized by and consistent with Chapter 14 of Title 50.
Amended by 2004 Ga. Laws 520, § 1, eff. 7/1/2004.
Added by 2001 Ga. Laws 27.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 5 - WATER RESOURCES (§§ 12-5-1 — 12-5-586) › Article 10 - METROPOLITAN NORTH GEORGIA WATER PLANNING DISTRICT ACT (§§ 12-5-570 — 12-5-586) › Section 12-5-577 - Operating budget; sources of funding; power to enter into contracts and to expend funds; depositing

(a)
Prior to July 1 each year, the officers of the board shall submit to the district for adoption a preliminary budget required for the operation of the district during the ensuing calendar year, which shall also be the fiscal year.
(b)
Funding for the district operations shall be derived from the following sources:
(1)
Dues paid by cities and counties within the district such that the aggregate total of all such dues from all such cities and counties shall be no less than $500,000.00 annually. Such fees shall be raised on a per capita assessment or water-usage fee basis or based on a formula adopted and approved by the local government members of the district; and
(2)
Appropriated or contracted state funds.
(c)
The district is specifically empowered to contract or otherwise participate in and to accept grants, funds, gifts, or services from any federal, state, or local government or its agencies or instrumentalities and from private and civic sources and to expend funds received therefrom under provisions as may be required and agreed upon by the district in connection with any program or purpose for which the district exists.
(d)
All funds of the district not otherwise employed shall be deposited from time to time to the credit of the district in such banks, trust companies, or other depositories as the district may select.
Amended by 2006 Ga. Laws 453,§ 12, eff. 4/14/2006.
Amended by 2004 Ga. Laws 520, § 2, eff. 7/1/2004.
Added by 2001 Ga. Laws 27.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 5 - WATER RESOURCES (§§ 12-5-1 — 12-5-586) › Article 10 - METROPOLITAN NORTH GEORGIA WATER PLANNING DISTRICT ACT (§§ 12-5-570 — 12-5-586) › Section 12-5-578 - Adjoining counties or municipalities application to be added to the district area

Any county or municipality adjoining a member county or municipality shall be added to the district area upon the application of such entity to be included in the district by resolution of its governing authority and upon approval of the director.
Added by 2001 Ga. Laws 27, § 1, eff. 5/1/2001.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 5 - WATER RESOURCES (§§ 12-5-1 — 12-5-586) › Article 10 - METROPOLITAN NORTH GEORGIA WATER PLANNING DISTRICT ACT (§§ 12-5-570 — 12-5-586) › Section 12-5-579 - Staffing; cooperation among agencies

(a)
The district staff shall consist initially of the existing staff of the Environmental Planning Division of the Atlanta Regional Commission. Additional staff may be added or the staffing modified as necessary to fulfill the responsibilities of the district. The district may contract for such additional staff and consulting services as the board in its discretion may determine to be necessary from time to time.
(b)
Any commission, as defined by Code Section
50-8-31
, falling within the geographic boundaries of the district shall cooperate with the district and shall assist it in its efforts.
Amended by 2008 Ga. Laws 436,§ 10, eff. 7/1/2009.
Added by 2001 Ga. Laws 27, § 1, eff. 5/1/2001.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 5 - WATER RESOURCES (§§ 12-5-1 — 12-5-586) › Article 10 - METROPOLITAN NORTH GEORGIA WATER PLANNING DISTRICT ACT (§§ 12-5-570 — 12-5-586) › Section 12-5-580 - Coordinating committees; finance committees

(a)
The board shall create one or more technical coordinating committees comprised primarily of water and waste-water officials from counties, cities, and authorities in the district. Such committees shall provide additional support to the board and staff for specific areas and issues such as water treatment, waste-water treatment, and storm-water management.
(b)
The board shall create a finance committee which shall meet with the boards and staffs of the Georgia Environmental Finance Authority, the Department of Community Affairs, and the Department of Natural Resources for the purpose of developing recommendations for a funding structure for the district and for projects included in the district plans developed pursuant to this article, and that authority and those departments, their boards, and staffs are directed to cooperate with the district in developing such recommendations. The board shall consider the recommendations of the finance committee and forward them as adopted or amended to the Governor, the Lieutenant Governor, the Speaker of the House of Representatives, and the chairpersons of the Senate Natural Resources and the Environment Committee and the House Committee on Natural Resources and Environment not later than December 1, 2001. Such recommendations may be updated and revised from time to time thereafter.
Amended by 2010 Ga. Laws 634,§ 1, eff. 7/1/2010.
Amended by 2009 Ga. Laws 74,§ 13, eff. 4/30/2009.
Added by 2001 Ga. Laws 27, § 1, eff. 5/1/2001.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 5 - WATER RESOURCES (§§ 12-5-1 — 12-5-586) › Article 10 - METROPOLITAN NORTH GEORGIA WATER PLANNING DISTRICT ACT (§§ 12-5-570 — 12-5-586) › Section 12-5-581 - Advisory councils

(a)
The board shall create separate advisory councils for the Chattahoochee, Etowah, Flint, Oconee, and Ocmulgee river basins and the Lake Lanier Basin. The Etowah River Basin Advisory Council shall include the Lake Allatoona Preservation Authority as a member. The Lake Lanier Basin Advisory Council shall include at least one member appointed by the Lake Lanier Association, Inc. Each basin advisory council shall be comprised of a minimum of 20 individuals. These individuals shall be from within the district area as well as from outside the district area, upstream and downstream of the district; provided, however, that such persons shall reside within the river basin. Each river basin shall be defined as those lands lying between the ridgelines dividing each river drainage from another. These representatives shall be selected and shall serve based upon procedures and rules established by the board.
(b)
The director shall create two additional basin advisory councils each comprised of a minimum of 20 individuals. One council shall consist of individuals representing the watersheds upstream of the district and one council shall consist of individuals representing the watersheds downstream of the district. The director shall solicit the recommendation of the House Committee on Natural Resources and the Environment and the Senate Natural Resources and the Environment Committee as to the membership of such councils.
(c)
Each basin advisory council shall have a chairperson and such other officers as necessary and convenient. Each chairperson shall be entitled to attend and comment at any meeting of the board.
(d)
The basin advisory councils shall advise the district in the development and implementation of policy, provide input to the director concerning the development of minimum elements and standards for plans provided for under this article, and provide input on the content of plans provided for under this article as such plans are developed.
(e)
The board chairperson shall appoint one or more board members to convene meetings of the basin advisory councils on a regular schedule established by the board; provided, however, that there shall be a minimum of four scheduled meetings per year. The district shall provide advance drafts of such plans or recommendations as it may make pursuant to this article to basin advisory councils for review and input, and the basin advisory councils shall prepare reports and recommendations for consideration by the district in formulating any plan or taking any other action provided for under this article. Each basin advisory council shall further provide input to the district concerning the development of minimum elements and standards for plans provided for under this article relating to its specific river basin.
Amended by 2009 Ga. Laws 74,§ 13, eff. 4/30/2009.
Added by 2001 Ga. Laws 27, § 1, eff. 5/1/2001.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 5 - WATER RESOURCES (§§ 12-5-1 — 12-5-586) › Article 10 - METROPOLITAN NORTH GEORGIA WATER PLANNING DISTRICT ACT (§§ 12-5-570 — 12-5-586) › Section 12-5-585 - Education and public awareness

Any district plan required to include an element of education and public awareness shall describe those measures to be taken by the district and recommendations for measures to be taken by other state agencies or local governments, by public education institutions, or by any other public or semi-public entity. The district shall make these recommendations known to the affected entities and strive to coordinate educational and public awareness efforts. The district's efforts shall be designed to reach 75 to 90 percent of the population in the district within five years.
Added by 2001 Ga. Laws 27, § 1, eff. 5/1/2001.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 5 - WATER RESOURCES (§§ 12-5-1 — 12-5-586) › Article 10 - METROPOLITAN NORTH GEORGIA WATER PLANNING DISTRICT ACT (§§ 12-5-570 — 12-5-586) › Section 12-5-586 - Annual report detailing activities and progress

The district shall submit a written report not later than December 31 of each year to the Governor, the Lieutenant Governor, the Speaker of the House of Representatives, the chairperson of the House Committee on Natural Resources and Environment, and the chairperson of the Senate Natural Resources and the Environment Committee, which report shall contain a detailed account of the activities and progress of the district throughout the previous year and an accurate accounting of all funds received and expended by the district and of the implementation of plans and attainment of goals.
Amended by 2009 Ga. Laws 74,§ 13, eff. 4/30/2009.
Added by 2001 Ga. Laws 27, § 1, eff. 5/1/2001.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 6 - FOREST RESOURCES AND OTHER PLANT LIFE (§§ 12-6-1 — 12-6-257) › Article 1 - FOREST RESOURCES (§§ 12-6-1 — 12-6-149) › Part 1 - STATE FORESTRY COMMISSION (§§ 12-6-1 — 12-6-22.1) › Section 12-6-1 - Definitions

As used in this part, the term:
(1)
"Commission" means the State Forestry Commission.
(2)
"Director" means the director of the State Forestry Commission.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 6 - FOREST RESOURCES AND OTHER PLANT LIFE (§§ 12-6-1 — 12-6-257) › Article 1 - FOREST RESOURCES (§§ 12-6-1 — 12-6-149) › Part 1 - STATE FORESTRY COMMISSION (§§ 12-6-1 — 12-6-22.1) › Section 12-6-2 - Creation of State Forestry Commission; members; terms of office; ineligibility of Governor for membership; vacancies; effect of appointment when Senate not in session

(a)
There is created and established a State Forestry Commission.
(b)
The commission shall be composed of seven members. Four of the members shall be owners, or representatives of owners, of 50 acres or more of forest land within the State of Georgia. Two members shall be manufacturers or processors of forest products, or representatives thereof. One additional member shall be a person other than a member of either such identified group. The members of the commission shall be appointed by the Governor and confirmed by the Senate and shall hold office until their successors are appointed and qualified.
(c)
The term of office of all members appointed to the commission shall be for seven years each and until their successors are duly appointed and qualified.
(d)
The Governor shall not be a member of the commission.
(e)
Any vacancy on the commission shall be filled by appointment by the Governor for the unexpired term, subject to confirmation by the Senate. Any appointment, whether for a full term or to fill a vacancy, made when the Senate is not in session shall be effective until the appointment is acted upon by the Senate.
Amended by 2002 Ga. Laws 902, § 1, eff. 7/1/2002.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 6 - FOREST RESOURCES AND OTHER PLANT LIFE (§§ 12-6-1 — 12-6-257) › Article 1 - FOREST RESOURCES (§§ 12-6-1 — 12-6-149) › Part 1 - STATE FORESTRY COMMISSION (§§ 12-6-1 — 12-6-22.1) › Section 12-6-3 - Chairman; reimbursement of members for expenses; meetings

(a)
The commission shall elect a chairman annually.
(b)
The members of the commission, including the chairman, shall receive such per diem subsistence allowances for each day of actual attendance at the meetings of the commission, as well as mileage to and from the place of meeting and their respective homes by the nearest practical route, as may be authorized by the commission. The per diem and mileage allowances received shall not exceed those authorized by law for other state commissions and boards. Such per diem and travel expense shall be paid from funds of the commission.
(c)
The commission shall meet at such times at the state capitol or at other points as it may determine, and it shall convene in all sessions upon call by the chairman or by a majority of the members of the commission.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 6 - FOREST RESOURCES AND OTHER PLANT LIFE (§§ 12-6-1 — 12-6-257) › Article 1 - FOREST RESOURCES (§§ 12-6-1 — 12-6-149) › Part 1 - STATE FORESTRY COMMISSION (§§ 12-6-1 — 12-6-22.1) › Section 12-6-4 - Dismissal of members for failure to attend meetings

If any member of the commission, for any cause, fails to attend three successive meetings of the commission without good and valid cause or excuse or without leave of absence from the chairman his office shall be declared vacant by the commission. The chairman shall notify the Governor of a vacancy on the commission, and the Governor shall fill the vacancy as provided by Code Section
12-6-2
.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 6 - FOREST RESOURCES AND OTHER PLANT LIFE (§§ 12-6-1 — 12-6-257) › Article 1 - FOREST RESOURCES (§§ 12-6-1 — 12-6-149) › Part 1 - STATE FORESTRY COMMISSION (§§ 12-6-1 — 12-6-22.1) › Section 12-6-5.1 - Legislative findings; reforestation incentives program authorized; powers of commission

(a)
The General Assembly finds that 433,000 acres of trees were planted in Georgia in 1984, while 640,000 acres were harvested during that year for a net loss of over 200,000 planted acres. The General Assembly further finds that the forest industry is of fundamental importance to the economy of the State of Georgia and that increased reforestation is necessary to meet future demands for forest products and to promote economic development and additional employment opportunities within this state. The General Assembly further finds that many acres of farm land and other open land in Georgia are not currently being used to the best advantage and that a program to provide incentives to encourage reforestation on these lands would be of great benefit to the people of Georgia. The General Assembly further finds that increased reforestation would substantially reduce soil erosion, which continues to be a serious problem in Georgia, and would be of other value in preserving and protecting wildlife and other natural resources of this state. It is determined, therefore, that it is in the interest of the public health, safety, and welfare and would serve an important public purpose for the State Forestry Commission to establish a reforestation incentives program for the State of Georgia.
(b)
In accordance with the findings set forth in subsection (a) of this Code section, the State Forestry Commission is authorized to establish a reforestation incentives program to encourage the planting of trees on lands within this state which are suitable for that purpose but which are currently not being utilized or are not being properly utilized for that purpose. In establishing and maintaining the reforestation incentives program, the commission may:
(1)
Provide technical advice and assistance on reforestation to landowners and encourage such landowners to participate in the reforestation incentives program;
(2)
Provide seedlings or equipment to landowners for reforestation purposes pursuant to such terms, conditions, and requirements as the commission shall determine;
(3)
Define the types of land eligible for participation in the reforestation incentives program and establish limitations on such participation;
(4)
Define the class or classes of landowners who shall be eligible for participation in the reforestation incentives program; and
(5)
Provide for any other matters reasonably necessary for the commission to establish and maintain an effective reforestation incentives program.
(c)
The powers of the commission provided by this Code section are cumulative of other powers possessed by the commission pursuant to any other provisions of this part or pursuant to any other law and are not in lieu of such other powers.
Amended by 2006 Ga. Laws 453,§ 12, eff. 4/14/2006.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 6 - FOREST RESOURCES AND OTHER PLANT LIFE (§§ 12-6-1 — 12-6-257) › Article 1 - FOREST RESOURCES (§§ 12-6-1 — 12-6-149) › Part 1 - STATE FORESTRY COMMISSION (§§ 12-6-1 — 12-6-22.1) › Section 12-6-7 - Federal financial aid - Participation in rural fire prevention and control program; contributions by counties and fire departments

(a)
The commission may enter into agreements with the secretary of agriculture of the United States in order to participate in the rural fire prevention and control program authorized by the Cooperative Forestry Assistance Act of 1978, Public Law 95-313.
(b)
With respect to the formulation of projects relating to fire protection of livestock, wildlife, crops, pastures, orchards, range land, woodland, farmsteads, or other improvements, and other values in rural areas, for which such federal matching funds are available, any participating county or fire department may contribute to the nonfederal matching share and may also contribute such other nonfederal cooperation as may be deemed necessary by the commission.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 6 - FOREST RESOURCES AND OTHER PLANT LIFE (§§ 12-6-1 — 12-6-257) › Article 1 - FOREST RESOURCES (§§ 12-6-1 — 12-6-149) › Part 1 - STATE FORESTRY COMMISSION (§§ 12-6-1 — 12-6-22.1) › Section 12-6-8 - Federal financial aid - Expenditure of funds for forest farming and marketing of forest products

The commission shall be the designated agency to expend through the department all federal-aid funds available under the Cooperative Forestry Assistance Act of 1978, Public Law 95-313, for fire prevention and nursery work and for farm forestry or forest farming and nursery work. The commission shall also be the designated agency to expend through the department all other federal funds now in existence or to be created for the purpose of assisting private timber landowners in Georgia in the planting, management, and protection of their forests, and in the marketing of their forest products. All such funds shall be expended through regular Office of Planning and Budget channels, provided that those federal funds that may be appropriated or allocated to the Georgia Cooperative Extension Service under the Cooperative Forestry Assistance Act of 1978, or any other act of Congress, or any other source or allocation of federal funds for the purpose of carrying on agricultural or forestry extension work shall be made available directly to the Georgia Cooperative Extension Service.
Amended by 2001 Ga. Laws 2, § 12, eff. 2/12/2001.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 6 - FOREST RESOURCES AND OTHER PLANT LIFE (§§ 12-6-1 — 12-6-257) › Article 1 - FOREST RESOURCES (§§ 12-6-1 — 12-6-149) › Part 1 - STATE FORESTRY COMMISSION (§§ 12-6-1 — 12-6-22.1) › Section 12-6-9 - Acquisition of land; gifts of land for use as lookout tower sites; abandoned tower sites; improvements on land subject to reversionary clause

(a)
The commission shall have the right to acquire, in the name of the state, by purchase, lease, agreement, or condemnation, such land within the state as may be deemed necessary and proper. Condemnation proceedings shall be subject to the applicable provisions of law relating to the condemnation of property by the State of Georgia. The acquisition by the commission of any land, either by purchase or by condemnation, shall be construed as transferring a fee simple interest, unless the instrument conveying such interest, or the condemnation petition, clearly indicates otherwise.
(b)
The director, provided for in Code Section
12-6-11
, is authorized to acquire in the name of the state, where the grantor makes a gift thereof to the state, small tracts of land not in excess of five acres, to be used as forest fire lookout tower sites. Title to such land may be conveyed by deeds containing reversionary clauses. Upon abandonment by the commission of such site after the site is no longer of use to it, the director is authorized to reconvey title by quitclaim deed to the grantor, his successors, or assigns, and the director is authorized to reconvey all tower sites subject to reversionary clauses which sites were acquired by the commission as gifts prior to March 3, 1955. However, in case of any abandonment or reconveyance under this subsection, the commission shall have the unqualified right to remove any improvements or fixtures, either temporary or permanent, placed on such property without regard to whether same would have, under general principles of law, become part of the realty, which right may be exercised any time before or a reasonable time after abandonment.
(c)
The director is authorized to improve with funds appropriated to the commission any real estate under its control or management which may be held under a deed containing a reversionary clause conditioned on the discontinuation of use for the purpose for which conveyed.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 6 - FOREST RESOURCES AND OTHER PLANT LIFE (§§ 12-6-1 — 12-6-257) › Article 1 - FOREST RESOURCES (§§ 12-6-1 — 12-6-149) › Part 1 - STATE FORESTRY COMMISSION (§§ 12-6-1 — 12-6-22.1) › Section 12-6-10 - Reports to General Assembly

It shall be the duty of the commission, in cooperation with the director provided for in Code Section
12-6-11
, to:
(1)
Annually submit reports to each regular session of the General Assembly together with such information as is necessary to show the condition of the forest resources of the state, with particular reference to the protection, preservation, and propagation of timber growth, and all other matters pertaining to the forest resources, and with recommendations for necessary legislation as to protection, reforestation, and management; and
(2)
Quinquennially submit reports to the General Assembly verifying the ability of forest resources in this state to meet the needs of the present without compromising the ability to meet the needs of future generations. The first such report shall be due not later than July 1, 2008. The director shall prescribe the manner, procedures, and data necessary to produce such report.
Amended by 2007 Ga. Laws 27,§ 1, eff. 5/11/2007.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 6 - FOREST RESOURCES AND OTHER PLANT LIFE (§§ 12-6-1 — 12-6-257) › Article 1 - FOREST RESOURCES (§§ 12-6-1 — 12-6-149) › Part 1 - STATE FORESTRY COMMISSION (§§ 12-6-1 — 12-6-22.1) › Section 12-6-11 - Director - Appointment; qualifications; salary; reimbursement for expenses; term

The commission shall appoint, by and with the advice and consent of the Governor, a director, who shall be the executive secretary and administrative officer of the commission. When seeking candidates for the position of director, emphasis shall be placed on identifying individuals who hold a Bachelor of Science degree in forestry or who have significant experience in forest management. The director shall receive a salary fixed by the commission plus actual expenses as provided for other state officials and employees and shall hold office at the pleasure of the commission. The present director shall continue to serve until removed by the commission.
Amended by 2007 Ga. Laws 20,§ 1, eff. 5/11/2007.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 6 - FOREST RESOURCES AND OTHER PLANT LIFE (§§ 12-6-1 — 12-6-257) › Article 1 - FOREST RESOURCES (§§ 12-6-1 — 12-6-149) › Part 1 - STATE FORESTRY COMMISSION (§§ 12-6-1 — 12-6-22.1) › Section 12-6-12 - Director - Duty of director to devote full time to office; power and duty of director to act for commission when commission not in session

The director shall devote his full time to the duties of his office; and when the commission is not in session, the director shall have power, and it shall be his duty, to act in all matters as fully as the commission is authorized, except in such matters where the approval of the commission is specifically required by this part.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 6 - FOREST RESOURCES AND OTHER PLANT LIFE (§§ 12-6-1 — 12-6-257) › Article 1 - FOREST RESOURCES (§§ 12-6-1 — 12-6-149) › Part 1 - STATE FORESTRY COMMISSION (§§ 12-6-1 — 12-6-22.1) › Section 12-6-13 - Director - Oath; bond; location of office

The director shall take oath of office and give bond in the sum of $10,000.00 in the usual form required of state officials. The director shall have offices at the site of the state capitol or at such other place as may be recommended by the commission and approved by the Governor. The office of the director shall be the office of the commission.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 6 - FOREST RESOURCES AND OTHER PLANT LIFE (§§ 12-6-1 — 12-6-257) › Article 1 - FOREST RESOURCES (§§ 12-6-1 — 12-6-149) › Part 1 - STATE FORESTRY COMMISSION (§§ 12-6-1 — 12-6-22.1) › Section 12-6-14 - Director - Eligibility of commission members for directorship or for employment under commission or director

No member of the commission during his tenure of office or within two years thereafter shall be eligible for appointment as director or for any employment under the commission or the director.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 6 - FOREST RESOURCES AND OTHER PLANT LIFE (§§ 12-6-1 — 12-6-257) › Article 1 - FOREST RESOURCES (§§ 12-6-1 — 12-6-149) › Part 1 - STATE FORESTRY COMMISSION (§§ 12-6-1 — 12-6-22.1) › Section 12-6-15 - Director - Adoption of rules, regulations, and methods of administration

The director, with the approval of the commission, shall have the power to adopt all rules, regulations, and methods of administration necessary for the efficient operation of the activities of the commission as created and established by this part.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 6 - FOREST RESOURCES AND OTHER PLANT LIFE (§§ 12-6-1 — 12-6-257) › Article 1 - FOREST RESOURCES (§§ 12-6-1 — 12-6-149) › Part 1 - STATE FORESTRY COMMISSION (§§ 12-6-1 — 12-6-22.1) › Section 12-6-16 - Director - Control of tree diseases and insect infestation

(a)
Whenever the director or his agents determine that there exists an infestation of forest insect pests or an infection of forest tree diseases, injurious or potentially injurious to the timber or forest trees within the state, and that the infestation or infection is of such a character as to be a menace to the timber or forest growth of the state, the director shall declare the existence of a zone of infestation or infection and shall declare and fix boundaries so as to definitely describe and identify such zone of infestation or infection. The director or his agents shall give notice in writing by mail or otherwise to each forest landowner within the designated control zone advising him of the nature of the infestation or infection and the recommended control measures and offering him technical advice on methods of carrying out controls.
(b)
The director shall have the power, by rule or regulation, to declare and define areas of quarantine and to prescribe all needful rules and regulations relating thereto. Any person violating any such rule or regulation shall be guilty of a misdemeanor. The director or any other person is empowered to institute action in his name to enjoin any practice in violation of such rules or regulations, without regard to whether such practices would under general law constitute a nuisance and without regard to whether an adequate remedy exists at law. The commission or any of its duly authorized agents or anyone acting at their direction shall have authority at all times to enter upon any lands for the purposes of making investigations and otherwise carrying out this Code section, without incurring liability for trespassing.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 6 - FOREST RESOURCES AND OTHER PLANT LIFE (§§ 12-6-1 — 12-6-257) › Article 1 - FOREST RESOURCES (§§ 12-6-1 — 12-6-149) › Part 1 - STATE FORESTRY COMMISSION (§§ 12-6-1 — 12-6-22.1) › Section 12-6-17 - Director - Regulation of controlled burning where drought or other conditions exist

(a)
Whenever in the judgment of the director, because of drought or other conditions, controlled burning of woods, lands, marshes, refuse, or other combustible materials in any county or counties or in any area within a county constitutes an unusual hazard to property, the director may by order, rule, or regulation prohibit the setting on fire of any woods, lands, marshes, refuse, or other combustible materials within any county or counties or within any area within a county, or may permit such burning only upon such conditions and under such regulations as in his judgment are necessary and proper to prevent the destruction of property. Where by rule or regulation the setting on fire of any woods, lands, marshes, refuse, or other combustible material has been prohibited, no person shall set or cause to be set any backfire, except under the direct supervision or permission of a state or federal forest officer, unless it can be established that the setting of such backfire was necessary for the purpose of saving life or valuable property, the burden of proving which shall rest on such person claiming same as a defense. Any order, rule, or regulation promulgated by the director under the authority of this Code section shall have the force and effect of law.
(b)
Any person violating a lawful order or regulation promulgated under the authority 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 6 - FOREST RESOURCES AND OTHER PLANT LIFE (§§ 12-6-1 — 12-6-257) › Article 1 - FOREST RESOURCES (§§ 12-6-1 — 12-6-149) › Part 1 - STATE FORESTRY COMMISSION (§§ 12-6-1 — 12-6-22.1) › Section 12-6-18 - Director - Expenditure of funds for benefit of lands under commission's control; sale and disposal of products from controlled lands

When lands are acquired or leased under this part, the director, with the approval of the commission, is authorized to make expenditures of funds, not otherwise obligated, for the management, development, and utilization of such areas and to sell and otherwise dispose of the products from such lands.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 6 - FOREST RESOURCES AND OTHER PLANT LIFE (§§ 12-6-1 — 12-6-257) › Article 1 - FOREST RESOURCES (§§ 12-6-1 — 12-6-149) › Part 1 - STATE FORESTRY COMMISSION (§§ 12-6-1 — 12-6-22.1) › Section 12-6-19 - Director - Promulgation of rules and regulations as to lands under commission's control; sale, lease, or exchange of controlled lands

The director, with the approval of the commission, is authorized to establish and from time to time alter rules and regulations governing the use, occupancy, and protection of the land and property under the commission's control and to preserve the peace therein. The director, with the approval of the commission, shall have full power and authority to exchange, sell, or lease lands under its jurisdiction when in the judgment of the director and the commission it is advantageous to the state to do so in the highest orderly development and management of state forests, provided that such lease, sale, or exchange shall not be contrary to the terms of any contract which the commission has entered into.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 6 - FOREST RESOURCES AND OTHER PLANT LIFE (§§ 12-6-1 — 12-6-257) › Article 1 - FOREST RESOURCES (§§ 12-6-1 — 12-6-149) › Part 1 - STATE FORESTRY COMMISSION (§§ 12-6-1 — 12-6-22.1) › Section 12-6-21 - Uncontrolled fire as constituting a public nuisance; duties and liabilities of person or entity responsible

Any fire burning uncontrolled on any forested or cut-over brush land or grassland is declared to be a public nuisance by reason of its menace to life and property. Any person, firm, or corporation responsible either for the starting or for the existence of such fire is required to control or extinguish it immediately. If such person, firm, or corporation shall refuse or neglect to do so, any organized fire suppression force may suppress the nuisance thus constituted by controlling and extinguishing the fire; and the cost thereof may be recovered from the responsible person, firm, or corporation.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 6 - FOREST RESOURCES AND OTHER PLANT LIFE (§§ 12-6-1 — 12-6-257) › Article 1 - FOREST RESOURCES (§§ 12-6-1 — 12-6-149) › Part 1 - STATE FORESTRY COMMISSION (§§ 12-6-1 — 12-6-22.1) › Section 12-6-22 - Investigation of tree diseases or insect infestation; notification of landowner; recommendations; effect of landowner's failure to act; disposition of proceeds derived from sale of trees

(a)
The commission shall have the authority to enter upon any land on which the commission believes the trees are suffering from an infestation or infection for the purpose of determining whether such infestation or infection exists, the location thereof, and the extent and cause thereof. If an infestation or infection is found to exist by the commission, it shall notify the landowner of such condition and recommend a course of action by the landowner to prevent the spreading of the infestation or disease. If the landowner, within a reasonable period of time following such notification, fails to take action to prevent the spreading of the infestation or disease, then the commission may:
(1)
Fell and remove infested or diseased trees;
(2)
Fell and chemically treat infested or diseased trees;
(3)
Chemically treat standing infested or diseased trees; or
(4)
Take such other effective control methods as the commission deems appropriate.
(b)
Any proceeds derived from any sale of such trees shall be paid to the landowner.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 6 - FOREST RESOURCES AND OTHER PLANT LIFE (§§ 12-6-1 — 12-6-257) › Article 1 - FOREST RESOURCES (§§ 12-6-1 — 12-6-149) › Part 1A - WOOD LOAD TICKET REQUIRED FOR WOOD REMOVAL; FORM; EXCEPTIONS (§§ 12-6-23 — 12-6-24) › Section 12-6-23 - Scale load ticket required for wood removal; form; exceptions

(a)
Any person, company, corporation, or others purchasing timber from lands in Georgia shall, within 20 days of removal of such timber, furnish the seller of timber a scale ticket for each and every load of wood removed, when such load is sold by weight, cord, or measure of board feet. A scale ticket shall include information clearly understandable to the seller as follows:
(1)
Ticket number;
(2)
Name and location of the person or company and its facility where the load of wood is received and weighed or measured;
(3)
Date wood was received at such facility;
(4)
Tract name;
(5)
County and state of origin;
(6)
Dealer name (if any);
(7)
Producer or logging company name;
(8)
Species of wood;
(9)
Weight or scale information. If the load is measured by weight, the gross, tare, and net weights shall be shown. If the load is measured by scale, the total volume shall be shown;
(10)
Weight, scale, or amount of wood deducted and the deduction classification (cull, undersize, metal, knots, etc.); and
(11)
Name of the person receiving, weighing, or scaling the wood.
(b)
Subsection (a) of this Code section shall not apply to the following:
(1)
The sale of wood for firewood only;
(2)
Any landowner harvesting and processing his own timber; and
(3)
Bulk or lump sum sales wherein the landowner and the purchaser agree on a total price for all of said timber purchased.
(c)
Any person, company, or corporation which violates any provision of subsection (a) of this Code section shall be guilty of a misdemeanor.
Amended by 2014 Ga. Laws 619,§ 3, eff. 7/1/2014.
Amended by 2002 Ga. Laws 917, § 1, eff. 7/1/2002.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 6 - FOREST RESOURCES AND OTHER PLANT LIFE (§§ 12-6-1 — 12-6-257) › Article 1 - FOREST RESOURCES (§§ 12-6-1 — 12-6-149) › Part 2 - PRACTICE OF PROFESSIONAL FORESTRY (§§ 12-6-40 — 12-6-63) › Section 12-6-40 - Legislative purpose

It is the purpose of this part to protect the public by improving the standards relative to the practice of professional forestry.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 6 - FOREST RESOURCES AND OTHER PLANT LIFE (§§ 12-6-1 — 12-6-257) › Article 1 - FOREST RESOURCES (§§ 12-6-1 — 12-6-149) › Part 2 - PRACTICE OF PROFESSIONAL FORESTRY (§§ 12-6-40 — 12-6-63) › Section 12-6-41 - Definitions

As used in this part, the term:
(1)
"Board" means the State Board of Registration for Foresters provided for by this part.
(2)
"Professional forestry" or "practice of professional forestry" means any professional service relating to forestry, such as investigation, evaluation, development of forest management plans or responsible supervision of forest management, forest protection, silviculture, forest utilization, forest economics, or other forestry activities in connection with any public or private lands, provided that forestry instructional and educational activities shall be exempted. The board shall issue licenses only to those applicants who meet the requirements of this Code section, provided that no person shall be eligible for registration as a registered forester who is not of good character and reputation; provided, further, that employees of the state and federal governments assisting farmers in agricultural programs shall be exempt from this part.
(3)
"Registered forester" means a person who has registered and qualified under this part to engage in professional forestry practices as defined in this Code section.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 6 - FOREST RESOURCES AND OTHER PLANT LIFE (§§ 12-6-1 — 12-6-257) › Article 1 - FOREST RESOURCES (§§ 12-6-1 — 12-6-149) › Part 2 - PRACTICE OF PROFESSIONAL FORESTRY (§§ 12-6-40 — 12-6-63) › Section 12-6-42 - State Board of Registration for Foresters - Creation; appointment of members; certificate of appointment; oath; term of office

(a)
A State Board of Registration for Foresters is created whose duty it shall be to administer this part.
(b)
The board shall consist of five foresters who shall be selected and appointed by the Governor and who shall have the qualifications required by Code Section
12-6-43
.
(c)
In addition to the five members provided for in subsection (b) of this Code section, the board shall consist of a sixth member who shall be appointed by the Governor from the public at large and who shall have no connection whatsoever with the practice of professional forestry. The initial term of appointment for the additional member provided for by this subsection shall expire June 30, 1985; thereafter, the Governor shall appoint successors for terms of five years each.
(d)
Every member of the board shall receive a certificate of his appointment from the Governor and before beginning his term of office shall file with the Secretary of State his written oath or affirmation for the faithful discharge of his official duty.
(e)
The five members of the board shall be appointed for terms of five years. On the expiration of the term of any member of the board, the Governor shall in the manner provided in this Code section appoint for a term of five years a registered forester having the qualifications required by Code Section
12-6-43
to take the place of the member whose term on the board is expiring. Each member shall hold office until the expiration of the term for which that member is appointed or until a successor shall have been duly appointed and shall have qualified.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 6 - FOREST RESOURCES AND OTHER PLANT LIFE (§§ 12-6-1 — 12-6-257) › Article 1 - FOREST RESOURCES (§§ 12-6-1 — 12-6-149) › Part 2 - PRACTICE OF PROFESSIONAL FORESTRY (§§ 12-6-40 — 12-6-63) › Section 12-6-43 - State Board of Registration for Foresters - Qualifications of members

Each member of the board shall be a citizen of the United States and a resident of Georgia and shall have been engaged in the practice of forestry for at least ten years, provided that only the citizenship and residency requirements of this Code section shall apply to the member appointed pursuant to subsection (c) of Code Section
12-6-42
.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 6 - FOREST RESOURCES AND OTHER PLANT LIFE (§§ 12-6-1 — 12-6-257) › Article 1 - FOREST RESOURCES (§§ 12-6-1 — 12-6-149) › Part 2 - PRACTICE OF PROFESSIONAL FORESTRY (§§ 12-6-40 — 12-6-63) › Section 12-6-44 - State Board of Registration for Foresters - Compensation of members

Each member of the board shall be reimbursed as provided for in subsection (f) of Code Section
43-1-2
.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 6 - FOREST RESOURCES AND OTHER PLANT LIFE (§§ 12-6-1 — 12-6-257) › Article 1 - FOREST RESOURCES (§§ 12-6-1 — 12-6-149) › Part 2 - PRACTICE OF PROFESSIONAL FORESTRY (§§ 12-6-40 — 12-6-63) › Section 12-6-45 - State Board of Registration for Foresters - Removal of members; vacancies

The Governor may remove any member of the board for misconduct, incompetency, or neglect of duty. Vacancies in the membership of the board shall be filled for the unexpired term by appointment only as provided in this part.