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 3 - WELLS AND DRINKING WATER (§§ 12-5-70 — 12-5-204) › Part 6 - WATER SYSTEM INTERCONNECTION, REDUNDANCY, AND RELIABILITY ACT (§§ 12-5-200 — 12-5-204) › Section 12-5-201 - Definitions

As used in this part, the term:
(1)
"Authority" means the Georgia Environmental Finance Authority created by Code Section
50-23-3
.
(2)
"District" means the Metropolitan North Georgia Water Planning District created by Code Section
12-5-572
.
(3)
"Emergency plan" means the written emergency water supply plan developed as provided in Code Section
12-5-202
.
(4)
"Essential water needs" means the minimum amount of water needed for residential and commercial means for food processing, drinking, toilet flushing, fire fighting, hospital use, and critical asset use and a portion of the system's unaccounted for water.
(5)
"Qualified system" means any public water system owned and operated by a city, county, or water authority in the district.
Added by 2010 Ga. Laws 397,§ 2, eff. 6/4/2010.
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 3 - WELLS AND DRINKING WATER (§§ 12-5-70 — 12-5-204) › Part 6 - WATER SYSTEM INTERCONNECTION, REDUNDANCY, AND RELIABILITY ACT (§§ 12-5-200 — 12-5-204) › Section 12-5-203 - Technical panel; members; preliminary scope of work statement; modifications

(a)
There shall be a technical panel as provided in this subsection. The Governor, the President of the Senate, and the Speaker of the House of Representatives shall each appoint one member of the technical panel, each of whom shall be the director of a public water system located within the district. The Governor, the President of the Senate, and the Speaker of the House of Representatives or such officers' designees shall also serve on the technical panel.
(b)
The authority and the technical panel shall use the provisions of Code Section
12-5-202
as a basis fully to define the water shortage scenarios to be evaluated in the emergency plan. The authority and the technical panel shall also prepare a preliminary scope of work statement for the plan consistent with the defined scenarios and Code Section
12-5-202
.
(c)
The authority shall submit by July 15, 2010, the preliminary scope of work statement to the Governor, the President of the Senate, and the Speaker of the House of Representatives to receive authorization to issue a request for proposals based on such preliminary scope of work statement not later than September 1, 2010.
(d)
The authority shall modify the preliminary scope of work statement or the preparation of the emergency plan if specific water allocations are provided by final federal courts rulings, state compacts, or other mechanisms. The plan shall be based on such allocations.
Added by 2010 Ga. Laws 397,§ 2, eff. 6/4/2010.
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 3 - WELLS AND DRINKING WATER (§§ 12-5-70 — 12-5-204) › Part 6 - WATER SYSTEM INTERCONNECTION, REDUNDANCY, AND RELIABILITY ACT (§§ 12-5-200 — 12-5-204) › Section 12-5-204 - Completion and submission of emergency plan; costs

(a)
The authority shall ensure the completion of the emergency plan not later than September 1, 2011, and shall submit the emergency plan to the director of the Environmental Protection Division of the Department of Natural Resources, the director of the Georgia Emergency Management and Homeland Security Agency, the Governor, Lieutenant Governor, Speaker of the House of Representatives, and chairpersons of the Senate and House Committees on Natural Resources and Environment and of the Senate and House Committees on Appropriations not later than September 15, 2011.
(b)
The authority shall update the emergency plan on the same schedule as updates for the district's water supply and water conservation management plans.
(c)
The costs of producing the emergency plan shall be borne by the authority.
Amended by 2016 Ga. Laws 335,§ 2, eff. 7/1/2016.
Added by 2010 Ga. Laws 397,§ 2, eff. 6/4/2010.
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 4 - COASTAL WATERS, BEACHES, AND SAND DUNES (§§ 12-5-210 — 12-5-329) › Part 1 - GENERAL PROVISIONS (§§ 12-5-210 — 12-5-213) › Section 12-5-210 - Development and utilization of coastal and offshore waters, lands, and resources; delegation of powers and duties; power to make contracts

(a)
The department shall study and develop plans, proposals, reports, and recommendations for the development and utilization of the coastal and offshore lands, waters, and resources of this state.
(b)
The department may delegate to its officers, agents, and employees such powers and duties as it may deem proper to carry out the purposes of this part.
(c)
The department may contract with any department, board, or agency of the state, local, or federal government; the University System of Georgia or any of its component units; other public or private colleges and universities; nonprofit organizations; foundations; corporations; private business firms; and individuals, as shall be consonant with all the purposes of this part.
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 4 - COASTAL WATERS, BEACHES, AND SAND DUNES (§§ 12-5-210 — 12-5-329) › Part 1 - GENERAL PROVISIONS (§§ 12-5-210 — 12-5-213) › Section 12-5-211 - Receipt of financial and other assistance; plans and proposals for development and utilization of coastal and offshore resources; coordination between state agencies; reporting

The department shall have the power:
(1)
To receive, for the purposes expressed in this part, funds, facilities, land, or other support, in any form, such as grants, allocations, gifts, exchanges, or rentals, from local, state, and federal governments; from nonprofit organizations and foundations; and from business firms and individuals;
(2)
To study and develop plans, proposals, reports, and recommendations for the development and utilization of the coastal and offshore lands and waters and other coastal and offshore resources of this state for the purpose of determining those uses which will produce the most beneficial economic, industrial, recreational, and aesthetic results; and to publish in print or electronically and make available reports or information in connection with such studies;
(3)
To coordinate plans between state agencies when such agencies have a common interest in matters affecting utilization or development of coastal or offshore lands, waters, and other resources; and
(4)
To prepare and furnish studies, reports, plans, and recommendations to any state agency, department, or commission requesting them in connection with development or utilization of coastal or offshore lands, waters, and other resources.
Amended by 2010 Ga. Laws 615,§ 10, eff. 6/3/2010.
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 4 - COASTAL WATERS, BEACHES, AND SAND DUNES (§§ 12-5-210 — 12-5-329) › Part 1 - GENERAL PROVISIONS (§§ 12-5-210 — 12-5-213) › Section 12-5-212 - Annual report

The department shall make an annual report to the General Assembly which shall include a report on all funds and properties received or disbursed under this part. The department shall not be required to distribute copies of the annual report to the members of the General Assembly but shall notify the members of the availability of the annual report in the manner which it deems to be most effective and efficient.
Amended by 2005 Ga. Laws 333,§ 5, eff. 7/1/2005.
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 4 - COASTAL WATERS, BEACHES, AND SAND DUNES (§§ 12-5-210 — 12-5-329) › Part 1 - GENERAL PROVISIONS (§§ 12-5-210 — 12-5-213) › Section 12-5-213 - Liberal construction of part

This part, being for the welfare of the state and its inhabitants, shall be liberally construed to effect the purposes hereof.
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 4 - COASTAL WATERS, BEACHES, AND SAND DUNES (§§ 12-5-210 — 12-5-329) › Part 2 - SHORE PROTECTION (§§ 12-5-230 — 12-5-248) › Section 12-5-230 - Short title

This part shall be known and may be cited as the "Shore Protection Act."
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 4 - COASTAL WATERS, BEACHES, AND SAND DUNES (§§ 12-5-210 — 12-5-329) › Part 2 - SHORE PROTECTION (§§ 12-5-230 — 12-5-248) › Section 12-5-233 - Area of operation of part

The area of operation of this part shall be:
(1)
The dynamic dune fields on the barrier islands of this state as determined by reference to Code Section
12-5-232
. Such determination shall be made by the committee on the basis of site inspection and evaluation of other pertinent information as provided for in subsection (d) of Code Section
12-5-239
;
(2)
The submerged shoreline lands of this state from the seaward limit of this state's jurisdiction landward to the dynamic dune fields or to a line projected from the westernmost point of the dynamic dune field on the southern end of a barrier island, to the westernmost point of the dynamic dune field on the northern end of the adjacent barrier island to the south; and
(3)
If an area has dynamic dune fields as defined by Code Section
12-5-232
, and marshlands as defined by Code Section
12-5-282
, it is subject to the jurisdiction of this part and Part 4 of this article. In the event of a conflict between this part and Part 4 of this article, the commissioner shall determine which part shall apply so as to best protect the public interest.
Amended by 2019 Ga. Laws 152,§ 2, eff. 12/31/2019.
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 4 - COASTAL WATERS, BEACHES, AND SAND DUNES (§§ 12-5-210 — 12-5-329) › Part 2 - SHORE PROTECTION (§§ 12-5-230 — 12-5-248) › Section 12-5-234 - Powers and duties of department

(a)
The department shall have the following authority:
(1)
To administer and enforce this part and all rules, regulations, and orders issued pursuant to this part;
(2)
To accept moneys from persons, government units, and private organizations;
(3)
To conduct public hearings and to institute and to prosecute court actions as may be necessary to enforce compliance with this part and any rules and regulations promulgated pursuant to this part; provided, however, that all such actions shall be in the name of the department;
(4)
To make reasonable inspections of the lands within jurisdiction of this part to ascertain whether the requirements of this part and the rules, regulations, and permits promulgated or issued pursuant to this part are faithfully complied with;
(5)
To issue letters of permission and impose a reasonable fee for processing such letters of permission; and
(6)
To exercise all incidental powers necessary to carry out the purposes of this part.
(b)
The foregoing powers and duties may be exercised and performed by the department through such duly authorized agents and employees as it deems necessary and proper.
Amended by 2013 Ga. Laws 279,§ 2, eff. 7/1/2013.
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 4 - COASTAL WATERS, BEACHES, AND SAND DUNES (§§ 12-5-210 — 12-5-329) › Part 2 - SHORE PROTECTION (§§ 12-5-230 — 12-5-248) › Section 12-5-235 - Shore Protection Committee

(a)
There is created the Shore Protection Committee within the department. The committee shall be composed of five members, including the commissioner of natural resources and four people selected by the board. Each of three persons selected by the board shall be a resident of Camden, Glynn, McIntosh, Liberty, Bryan, or Chatham County. Three members of the committee shall constitute a quorum. The members of the committee shall be entitled to and shall be reimbursed from moneys appropriated to the department for their expenses, such as mileage and per diem, as set by the board.
(b)
The committee shall have the authority to issue orders and to grant, suspend, revoke, modify, extend, condition, or deny permits as provided in this part. Permits may, at the committee's discretion, be revoked, suspended, or modified upon a finding that the permittee is not in compliance with permit conditions or that the permittee is in violation of any rule or regulation promulgated pursuant to this part.
(c)
The chairperson of the committee, upon application by the permittee, may issue renewal of a permit previously granted by the committee. Such action must be based upon recommendations of staff, past committee actions, and the results of public comments. The chairperson may refer the request for renewal to the committee to decide on renewals that, in his or her judgment, should receive broader consideration. A committee member may choose to have the full committee decide on renewals that the member feels should receive broader consideration.
(d)
Any permit for minor activity may be issued by the commissioner based on the recommendations of staff, past committee actions, and the results of public comments. The commissioner may refer the application to the committee to decide on permits for minor activities that, in his or her judgment, should receive broader consideration. A committee member may choose to have the full committee decide on permit applications for minor activities that the member feels should receive broader consideration.
Amended by 2019 Ga. Laws 152,§ 3, eff. 12/31/2019.
Amended by 2015 Ga. Laws 70,§ 2-2, eff. 7/1/2015.
Amended by 2004 Ga. Laws 490, § 1, eff. 7/1/2004.
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 4 - COASTAL WATERS, BEACHES, AND SAND DUNES (§§ 12-5-210 — 12-5-329) › Part 2 - SHORE PROTECTION (§§ 12-5-230 — 12-5-248) › Section 12-5-236 - Rules and regulations

The board shall have the power to promulgate rules and regulations for the implementation and enforcement of this part consistent with the purpose of this part.
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 4 - COASTAL WATERS, BEACHES, AND SAND DUNES (§§ 12-5-210 — 12-5-329) › Part 2 - SHORE PROTECTION (§§ 12-5-230 — 12-5-248) › Section 12-5-237 - Permit required; exceptions

(a)
No person shall construct or erect any structure or construct, erect, conduct, or engage in any shoreline engineering activity or engage in any land alteration which alters the natural topography or vegetation of any area within the jurisdiction of this part, except in accordance with the terms and conditions of a permit therefor issued in accordance with this part. A permit may authorize the construction or maintenance of the project proposed in an application. After construction of a project pursuant to a permit, the project may be maintained without an additional permit so long as it does not further alter the natural topography or vegetation of the site or increase the size or scope of the project, and remains in serviceable condition.
(b)
(1)
No permit shall be required for a structure, shoreline engineering activity, or land alteration which exists as of July 1, 1979, provided that a permit must be obtained for any modification which will have a greater adverse effect on the sand-sharing system or for any addition to or extension of such shoreline engineering activity, structure, or land alteration; provided, further, that, if any structure, shoreline engineering activity, or land alteration is more than 80 percent destroyed by wind, water, or erosion as determined by an appraisal of the fair market value by a real estate appraiser certified pursuant to Chapter 39A of Title 43, a permit is required for reconstruction.
(2)
No permit shall be required for any activity conducted pursuant to a letter of permission. At least 15 days prior to the commencement of any activity authorized pursuant to a letter of permission, the department shall provide public notice describing such activity and the location thereof; provided, however, that public notice shall not be required for any such activity that is necessary for public safety or the delivery of public services.
Amended by 2013 Ga. Laws 279,§ 3, eff. 7/1/2013.
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 4 - COASTAL WATERS, BEACHES, AND SAND DUNES (§§ 12-5-210 — 12-5-329) › Part 2 - SHORE PROTECTION (§§ 12-5-230 — 12-5-248) › Section 12-5-240 - Posting of permit

A copy of every permit issued to an applicant shall be prominently displayed within the area of proposed activity. If the committee deems it advisable, the applicant may be required to cause a sign to be erected bearing the permit number, date of issuance, name of applicant, and such other information as the committee may reasonably require. The committee may specify the type of and, within reasonable dimensions, the size of the sign.
Amended by 2019 Ga. Laws 152,§ 6, eff. 12/31/2019.
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 4 - COASTAL WATERS, BEACHES, AND SAND DUNES (§§ 12-5-210 — 12-5-329) › Part 2 - SHORE PROTECTION (§§ 12-5-230 — 12-5-248) › Section 12-5-241 - [Repealed] Local shore assistance programs

Repealed by 2015 Ga. Laws 70,§ 2-3, eff. 7/1/2015.
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 4 - COASTAL WATERS, BEACHES, AND SAND DUNES (§§ 12-5-210 — 12-5-329) › Part 2 - SHORE PROTECTION (§§ 12-5-230 — 12-5-248) › Section 12-5-242 - Technical assistance to local governments; model ordinance

The department shall provide technical assistance to any local unit of government which requests such assistance in order to develop an ordinance meeting the requirements of this part. The department shall also develop a model ordinance which may be used by such local units of government.
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 4 - COASTAL WATERS, BEACHES, AND SAND DUNES (§§ 12-5-210 — 12-5-329) › Part 2 - SHORE PROTECTION (§§ 12-5-230 — 12-5-248) › Section 12-5-243 - Local governments not prohibited from adopting more restrictive ordinances

Nothing in this part shall be construed as prohibiting a local unit of government from adopting ordinances more restrictive in regard to activity on sand dunes and beaches than the standards set forth in this part.
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 4 - COASTAL WATERS, BEACHES, AND SAND DUNES (§§ 12-5-210 — 12-5-329) › Part 2 - SHORE PROTECTION (§§ 12-5-230 — 12-5-248) › Section 12-5-244 - Administrative and judicial review

(a)
Any person who is aggrieved or adversely affected by any order or action of the committee 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 board. The hearing before the administrative law judge shall be conducted in accordance with Chapter 13 of Title 50, the "Georgia Administrative Procedure Act," and the rules and regulations adopted by the board pursuant thereto. The decision of the administrative law judge shall constitute the final decision of the board and any party to the hearing, including the committee, shall have the right of judicial review thereof in accordance with Chapter 13 of Title 50.
(b)
Persons are "aggrieved or adversely affected" where the challenged action has caused or will cause them injury in fact and where the injury is to an interest within the zone of interests to be protected or regulated by this part. In the event the committee or local unit of government, as appropriate, asserts in response to the petition before the administrative law judge that the petitioner is not aggrieved or adversely affected, the administrative law judge shall take evidence and hear arguments on this issue and thereafter make a ruling on this issue before continuing with the hearing. The burden of going forward with evidence on this issue shall rest with the petitioner.
Amended by 2019 Ga. Laws 152,§ 7, eff. 12/31/2019.
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 4 - COASTAL WATERS, BEACHES, AND SAND DUNES (§§ 12-5-210 — 12-5-329) › Part 2 - SHORE PROTECTION (§§ 12-5-230 — 12-5-248) › Section 12-5-245 - Injunctive relief

Any activity in violation of this part or of any ordinance or regulation adopted pursuant to this part shall be a public nuisance; and such activity may be enjoined or abated by an action filed in the appropriate superior court by the Attorney General on behalf of the department, by any local unit of government affected, or by any person. Upon showing of any activity in violation of this part or of any ordinance or regulation adopted pursuant to this part, a temporary restraining order, a permanent or temporary injunction, or other order shall be granted without the necessity of showing lack of an adequate remedy at law and irreparable injury. The relief granted by the court in an action filed pursuant to this Code section may include, but shall not be limited to, an order requiring the sand dunes, beaches, and submerged lands to be returned to their condition prior to such violation.
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 4 - COASTAL WATERS, BEACHES, AND SAND DUNES (§§ 12-5-210 — 12-5-329) › Part 2 - SHORE PROTECTION (§§ 12-5-230 — 12-5-248) › Section 12-5-246 - Jurisdiction of superior court

The superior court of the county in which the land or any part thereof is located or in which jurisdiction is otherwise proper shall have jurisdiction to restrain a violation of this part at the action of any person.
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 4 - COASTAL WATERS, BEACHES, AND SAND DUNES (§§ 12-5-210 — 12-5-329) › Part 2 - SHORE PROTECTION (§§ 12-5-230 — 12-5-248) › Section 12-5-248 - Criminal violations

(a)
It shall be unlawful for any person to:
(1)
Operate any motorized vehicle or other motorized machine on, over, or across sand dunes or beaches except as authorized by the department or committee, except that individual disability vehicles, emergency vehicles, and governmental vehicles utilized for beach maintenance or research may operate within sand dunes and beaches without authorization from the department or committee so long as those vehicles operate across existing cross-overs, paths, or drives; or
(2)
Store or park sailboats, catamarans, or other commercial or recreational marine craft on any sand dune.
(b)
All such lawful activities conducted under this part shall provide protection to nesting sea turtles and their hatchlings and habitats and to nesting shore birds and their hatchlings and habitats.
(c)
Any person violating the provisions of subsection (a) of this Code section shall be guilty of a misdemeanor.
Amended by 2019 Ga. Laws 152,§ 9, eff. 12/31/2019.
Amended by 2002 Ga. Laws 536, § 1, eff. 4/25/2002.
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 4 - COASTAL WATERS, BEACHES, AND SAND DUNES (§§ 12-5-210 — 12-5-329) › Part 4 - COASTAL MARSHLANDS (§§ 12-5-280 — 12-5-297) › Section 12-5-280 - Short title

This part shall be known and may be cited as the "Coastal Marshlands Protection Act of 1970."
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 4 - COASTAL WATERS, BEACHES, AND SAND DUNES (§§ 12-5-210 — 12-5-329) › Part 4 - COASTAL MARSHLANDS (§§ 12-5-280 — 12-5-297) › Section 12-5-281 - Legislative findings and declarations

The General Assembly finds and declares that the coastal marshlands of Georgia comprise a vital natural resource system. It is recognized that the estuarine area of Georgia is the habitat of many species of marine life and wildlife and, without the food supplied by the marshlands, such marine life and wildlife cannot survive. The General Assembly further finds that intensive marine research has revealed that the estuarine marshlands of coastal Georgia are among the richest providers of nutrients in the world. Such marshlands provide a nursery for commercially and recreationally important species of shellfish and other wildlife, provide a great buffer against flooding and erosion, and help control and disseminate pollutants. Also, it is found that the coastal marshlands provide a natural recreation resource which has become vitally linked to the economy of Georgia's coastal zone and to that of the entire state. The General Assembly further finds that this coastal marshlands resource system is costly, if not impossible, to reconstruct or rehabilitate once adversely affected by man related activities and is important to conserve for the present and future use and enjoyment of all citizens and visitors to this state. The General Assembly further finds that the coastal marshlands are a vital area of the state and are essential to maintain the health, safety, and welfare of all the citizens of the state. Therefore, the General Assembly declares that the management of the coastal marshlands has more than local significance, is of equal importance to all citizens of the state, is of state-wide concern, and consequently is properly a matter for regulation under the police power of the state. The General Assembly further finds and declares that activities and structures in the coastal marshlands must be regulated to ensure that the values and functions of the coastal marshlands are not impaired and to fulfill the responsibilities of each generation as public trustees of the coastal marshlands for succeeding generations.
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 4 - COASTAL WATERS, BEACHES, AND SAND DUNES (§§ 12-5-210 — 12-5-329) › Part 4 - COASTAL MARSHLANDS (§§ 12-5-280 — 12-5-297) › Section 12-5-283 - Coastal Marshlands Protection Committee created; members; powers; per diem and expenses; administrative hearings and review; permits for minor alterations

(a)
There is created the Coastal Marshlands Protection Committee to be composed of five members. The commissioner of natural resources and four persons selected by the board shall be the members of this committee. Each of three persons selected by the board shall be a resident of Camden, Glynn, McIntosh, Liberty, Bryan, or Chatham County. Three members of the committee shall constitute a quorum. The committee shall issue all orders and shall grant, deny, revoke, and amend all permits and leases provided for by this part. The members of the committee shall be entitled to reimbursement of actual expenses and mileage together with a per diem as set by the board to be paid out of funds appropriated for use by the department.
(b)
Any person who is aggrieved or adversely affected by any order or action of the committee shall, upon petition within 30 days after the issuance of such order or the taking of such action, have a right to a hearing before an administrative law judge appointed by the board. The hearing before the administrative law judge shall be conducted in accordance with Chapter 13 of Title 50, the "Georgia Administrative Procedure Act," and the rules and regulations adopted by the board pursuant thereto. The decision of the administrative law judge shall constitute the final decision of the board and any party to the hearing, including the committee, shall have the right of judicial review thereof in accordance with Chapter 13 of Title 50.
(c)
Persons are "aggrieved or adversely affected" where the challenged action has caused or will cause them injury in fact and where the injury is to an interest within the zone of interests to be protected or regulated by this part. In the event the committee asserts in response to the petition before the administrative law judge that the petitioner is not aggrieved or adversely affected, the administrative law judge shall take evidence and hear arguments on this issue and thereafter make a ruling on this issue before continuing with the hearing. The burden of going forward with evidence on this issue shall rest with the petitioner.
(d)
Any permit for minor alteration of the marshlands may be issued by the commissioner based on the recommendations of staff, past committee actions, and the results of public comments. The commissioner may refer the application to the committee to decide on permits for minor alterations that, in his judgment, should receive broader consideration. A committee member may choose to have the full committee decide on permit applications for minor alterations that the member feels should receive broader consideration.
Amended by 2004 Ga. Laws 490, § 2, eff. 7/1/2004.
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 4 - COASTAL WATERS, BEACHES, AND SAND DUNES (§§ 12-5-210 — 12-5-329) › Part 4 - COASTAL MARSHLANDS (§§ 12-5-280 — 12-5-297) › Section 12-5-284 - Authority of department as to coastal marshlands generally

(a)
The department shall have the following authority:
(1)
To administer and enforce this part and all rules, regulations, and orders promulgated under this part and to determine jurisdiction under this part;
(2)
To accept moneys that are available from persons, government units, and private organizations;
(3)
To conduct public hearings and institute and prosecute court actions as may be necessary to enforce compliance with this part and any rules and regulations promulgated hereunder, provided that all such actions shall be in the name of the department;
(4)
To issue letters of permission and impose a reasonable fee for processing such letters of permission; and
(5)
To exercise all incidental powers necessary to carry out the purposes of this part.
(b)
The foregoing powers and duties may be exercised and performed by the department through such duly authorized agents and employees as it deems necessary and proper.
Amended by 2013 Ga. Laws 279,§ 5, eff. 7/1/2013.
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 4 - COASTAL WATERS, BEACHES, AND SAND DUNES (§§ 12-5-210 — 12-5-329) › Part 4 - COASTAL MARSHLANDS (§§ 12-5-280 — 12-5-297) › Section 12-5-285 - Power of board to promulgate rules and regulations

The board shall have power to promulgate rules and regulations for the implementation and enforcement of this part.
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 4 - COASTAL WATERS, BEACHES, AND SAND DUNES (§§ 12-5-210 — 12-5-329) › Part 4 - COASTAL MARSHLANDS (§§ 12-5-280 — 12-5-297) › Section 12-5-288 - Restriction on granting of permits; size restriction; activities and structures considered contrary to public interest

(a)
If the project is not water related or dependent on waterfront access or can be satisfied by the use of an alternative nonmarshland site or by use of existing public facilities, a permit usually should not be granted pursuant to Code Section
12-5-286
.
(b)
The amount of marshlands to be altered must be minimum in size. The following activities and structures are normally considered to be contrary to the public interest when located in coastal marshlands but the final decision as to whether any activity or structure is considered to be in the public interest shall be in the sound discretion of the committee:
(1)
Filling of marshlands for residential, commercial, and industrial uses;
(2)
Filling of marshlands for private parking lots and private roadways;
(3)
Construction of dump sites and depositing of any waste materials or dredge spoil;
(4)
Dredging of canals or ditches for the purpose of draining coastal marshlands;
(5)
Mining;
(6)
Construction of lagoons or impoundments for waste treatment, cooling, agriculture, or aquaculture which would occupy or damage coastal marshlands or life forms therein; and
(7)
Construction of structures which constitute an obstruction of view to adjoining riparian landowners, including signs and enclosures.
Amended by 2019 Ga. Laws 245,§ 5, eff. 1/1/2020.
Amended by 2012 Ga. Laws 733,§ 3, eff. 7/1/2012.
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 4 - COASTAL WATERS, BEACHES, AND SAND DUNES (§§ 12-5-210 — 12-5-329) › Part 4 - COASTAL MARSHLANDS (§§ 12-5-280 — 12-5-297) › Section 12-5-289 - Inspection of marshlands

The department, through its officers, staff, and game wardens, shall, in addition to its other duties prescribed by law, make reasonable inspections of the marshlands to ascertain whether the requirements of this part and the rules, regulations, and permits promulgated or issued under this part are being faithfully complied with.
Amended by 2019 Ga. Laws 264,§ 7, eff. 7/1/2019.
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 4 - COASTAL WATERS, BEACHES, AND SAND DUNES (§§ 12-5-210 — 12-5-329) › Part 4 - COASTAL MARSHLANDS (§§ 12-5-280 — 12-5-297) › Section 12-5-290 - Jurisdiction to restrain violation of part

The superior court of the county in which land or any part thereof lies or in which jurisdiction is appropriate shall have jurisdiction to restrain a violation of this part at the action of any person.
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 4 - COASTAL WATERS, BEACHES, AND SAND DUNES (§§ 12-5-210 — 12-5-329) › Part 4 - COASTAL MARSHLANDS (§§ 12-5-280 — 12-5-297) › Section 12-5-292 - Posting of permit

A copy of every permit issued to an applicant shall be prominently displayed within the area of proposed activity. If the committee deems it advisable, the applicant may be required to cause a sign to be erected bearing the permit number, date of issuance, name of applicant, and such other information as the committee may reasonably require. The committee may specify the type of sign to be erected and may designate, within reasonable dimensions, the size of the sign.
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 4 - COASTAL WATERS, BEACHES, AND SAND DUNES (§§ 12-5-210 — 12-5-329) › Part 4 - COASTAL MARSHLANDS (§§ 12-5-280 — 12-5-297) › Section 12-5-293 - Effect on permit of sale, lease, or other conveyance of land

If a permit holder sells, leases, rents, or otherwise conveys the land or any portion thereof for which the permit was issued, and if the permittee has notified the department within 30 days of such transfer or conveyance, such permit shall be continued in force in favor of the new owner, lessee, tenant, or other assignee so long as there is no change in the use of the land as set forth in the original application.
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 4 - COASTAL WATERS, BEACHES, AND SAND DUNES (§§ 12-5-210 — 12-5-329) › Part 4 - COASTAL MARSHLANDS (§§ 12-5-280 — 12-5-297) › Section 12-5-294 - Existence of an emergency; order; right to hearing

In the event of an emergency, whether created by act of God or by actions of domestic or foreign enemies, or in circumstances where grave peril to human life or welfare exists, the committee shall issue an order reciting the existence of such an emergency and requiring or allowing that such action be taken as it deems necessary to meet the emergency. Notwithstanding any other provisions of this part to the contrary, such order shall be effective immediately. If an order requiring a person to take action is issued pursuant to this Code section, such person shall be entitled to a hearing within ten days of the date of issuance of the order.
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 4 - COASTAL WATERS, BEACHES, AND SAND DUNES (§§ 12-5-210 — 12-5-329) › Part 4 - COASTAL MARSHLANDS (§§ 12-5-280 — 12-5-297) › Section 12-5-296 - Criminal violation

Any person violating any of the provisions of this part shall be guilty of a misdemeanor.
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 4 - COASTAL WATERS, BEACHES, AND SAND DUNES (§§ 12-5-210 — 12-5-329) › Part 4 - COASTAL MARSHLANDS (§§ 12-5-280 — 12-5-297) › Section 12-5-297 - Liability for damages

Any person who causes or permits any removal, filling, dredging, or draining or other alteration of marshlands in this state within the estuarine area thereof without first obtaining a permit from the committee shall be liable in damages to the state and any political subdivision thereof for any and all actual or projected costs, expenses, and injuries occasioned by such alteration of the marshlands. The amount of damages assessed pursuant to this Code section shall include, but shall not be limited to, any actual or projected costs and expenses incurred by the state or any political subdivision thereof in restoring as nearly as possible the natural movement of the waters in the marshlands and replacing the vegetation and aquatic life destroyed by any alteration of marshlands. Damages to the state shall be recoverable in a civil action instituted by the department and shall be paid to the department to cover the cost of restoration. Damages to a political subdivision shall be recoverable in a civil action instituted by said subdivision.
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 4 - COASTAL WATERS, BEACHES, AND SAND DUNES (§§ 12-5-210 — 12-5-329) › Part 5 - SEA OATS (§§ 12-5-310 — 12-5-312) › Section 12-5-310 - Legislative purpose

It is the purpose of this part to protect the beaches and shores of the state from erosion by preserving natural vegetative cover to bind the sand of such beaches and shores.
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 4 - COASTAL WATERS, BEACHES, AND SAND DUNES (§§ 12-5-210 — 12-5-329) › Part 5 - SEA OATS (§§ 12-5-310 — 12-5-312) › Section 12-5-311 - Cutting, harvesting, removing, or eradicating sea oats

It is unlawful for any person to cut, harvest, remove, or eradicate any of the grass commonly known as sea oats (Uniola paniculata L.) from any public land of this state or from any private land without the consent of the owner of such land or the persons having lawful possession thereof.
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 4 - COASTAL WATERS, BEACHES, AND SAND DUNES (§§ 12-5-210 — 12-5-329) › Part 5 - SEA OATS (§§ 12-5-310 — 12-5-312) › Section 12-5-312 - Penalty

Any person violating any provision of this part shall be guilty of a misdemeanor.
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 4 - COASTAL WATERS, BEACHES, AND SAND DUNES (§§ 12-5-210 — 12-5-329) › Part 6 - COASTAL MANAGEMENT (§§ 12-5-320 — 12-5-329) › Section 12-5-320 - Short title

This part shall be known and may be cited as the "Georgia Coastal Management Act."
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 4 - COASTAL WATERS, BEACHES, AND SAND DUNES (§§ 12-5-210 — 12-5-329) › Part 6 - COASTAL MANAGEMENT (§§ 12-5-320 — 12-5-329) › Section 12-5-321 - Legislative findings

The General Assembly finds and declares that the coastal area of Georgia comprises a vital natural resource system. The General Assembly recognizes that the coastal area of Georgia is the habitat of many species of marine life and wildlife which must have clean waters and suitable habitat to survive. The General Assembly further finds that intensive research has revealed that activities affecting the coastal area may degrade water quality or damage coastal resources if not properly planned and managed. The General Assembly further finds that the coastal area provides a natural recreation resource which has become vitally linked to the economy of Georgia's coast and to that of the entire state. The General Assembly further finds that resources within this coastal area are costly, if not impossible, to reconstruct or rehabilitate once adversely affected by human related activities and it is important to conserve these resources for the present and future use and enjoyment of all citizens and visitors to this state. The General Assembly further finds that the coastal area is a vital area of the state and that it is essential to maintain the health, safety, and welfare of all the citizens of the state. Therefore, the General Assembly declares that the management of the coastal area has more than local significance, is of equal importance to all citizens of the state, is of state-wide concern, and consequently is properly a matter for coordinated regulation under the police power of the state. The General Assembly further finds and declares that activities and structures in the coastal area must be regulated to ensure that the values and functions of coastal waters and natural habitats are not impaired and to fulfill the responsibilities of each generation as public trustees of the coastal waters and habitats for succeeding generations.
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 4 - COASTAL WATERS, BEACHES, AND SAND DUNES (§§ 12-5-210 — 12-5-329) › Part 6 - COASTAL MANAGEMENT (§§ 12-5-320 — 12-5-329) › Section 12-5-323 - Powers and duties of department

The department shall have the following authority, which shall not be delegated to any other state agency:
(1)
To prepare and administer a Georgia coastal management program and to monitor and inform appropriate local, state, and federal agencies concerning enforcement of this part and all rules, regulations, and orders upon which the Georgia coastal management program is based;
(2)
To accept, expend, grant, and administer moneys that are available from persons or federal agencies to carry out the provisions of this part;
(3)
To conduct public hearings on the Georgia coastal management program or any actions taken under this part;
(4)
To concur or object to a certification of consistency filed by a person only in connection with an application for a federally administered permit and to concur or object to a determination of consistency filed by a federal agency in connection with a federal activity based on the policies of the Georgia coastal management program established pursuant to this part; provided, however, that if, prior to completion of review of a federally administered permit or federal activity under this part, the department receives notice of the denial of a state permit necessary for the activity, the department shall object to all certifications of consistency or determinations of consistency relating to the proposed activity filed by such person or federal agency; provided, further, that nothing in this part shall be construed to prevent the department from withdrawing such objection; and
(5)
To exercise all incidental powers necessary to carry out the purposes of this part.
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 4 - COASTAL WATERS, BEACHES, AND SAND DUNES (§§ 12-5-210 — 12-5-329) › Part 6 - COASTAL MANAGEMENT (§§ 12-5-320 — 12-5-329) › Section 12-5-324 - Power of board to promulgate rules and regulations

The board shall have the authority to promulgate rules and regulations for the implementation of the Georgia coastal management program in accordance with Chapter 13 of Title 50, the "Georgia Administrative Procedure Act."
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 4 - COASTAL WATERS, BEACHES, AND SAND DUNES (§§ 12-5-210 — 12-5-329) › Part 6 - COASTAL MANAGEMENT (§§ 12-5-320 — 12-5-329) › Section 12-5-325 - Additional duties of department

The department shall, in addition to its other duties prescribed by law, coordinate and cooperate with other state agencies, as necessary, as provided in paragraph (1) of Code Section
12-5-323
, and to make reasonable inspections within the coastal area where activities have been proposed to determine whether the proposed activities are consistent with this part and the policies of the Georgia coastal management program as provided in paragraph (4) of Code Section
12-5-323
.
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 4 - COASTAL WATERS, BEACHES, AND SAND DUNES (§§ 12-5-210 — 12-5-329) › Part 6 - COASTAL MANAGEMENT (§§ 12-5-320 — 12-5-329) › Section 12-5-326 - Duties of other state agencies in relation to this part

All state agencies shall coordinate and cooperate with the department in the administration of this part. All state agencies exercising regulatory authority or management or planning authority in the coastal area shall administer such authority in conformity with the provisions of this part and shall apply such regulatory authority in a manner consistent with the policies of the Georgia coastal management program. All state agencies and local governments exercising statutory authority in the coastal area are authorized to enter into agreements regarding implementation of the Georgia coastal management program within their legal authority.