reglab/statecodes huggingface dataset:
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 2 - GINSENG PROTECTION (§§ 12-6-150 — 12-6-157) › Section 12-6-152 - Prohibited acts regarding harvesting ginseng

It shall be unlawful for any person to harvest ginseng in this state except from September 1 through December 31 and with the written permission of the owner of the property on which the ginseng is located. It shall also be unlawful for any person to harvest ginseng that has fewer than three prongs. Further, it shall also be unlawful for any person to fail to plant, immediately after harvest, the ripe berries of the harvested ginseng at the same location at which such ginseng was harvested.
Amended by 2013 Ga. Laws 175,§ 1, eff. 5/6/2013.
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 2 - GINSENG PROTECTION (§§ 12-6-150 — 12-6-157) › Section 12-6-153 - Reports concerning disposal of ginseng

It shall be unlawful for any person disposing of any ginseng harvested in Georgia to fail to report such disposition by January 31 of each year to the Department of Natural Resources. Such report shall be certified by the department and shall include, but shall not be limited to, the amount, by weight, of the ginseng exported; the Georgia county or counties from which the ginseng was harvested; whether the harvested roots were taken from wild or cultivated ginseng; and the location, by state, in which such person disposed of the harvested roots.
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 2 - GINSENG PROTECTION (§§ 12-6-150 — 12-6-157) › Section 12-6-154 - Registration and reports required of dealers or growers

It shall be unlawful for any ginseng dealer or grower to fail to register with the department, on a form provided by the department, by July 15 of each year. It shall also be unlawful for any ginseng dealer or grower to fail to submit to the department by January 31 of each year certain information on forms provided by the department. Such information shall include, but shall not be limited to, the amount, by weight, of ginseng purchased or grown and sold during the season; the county or counties from which the ginseng was harvested; and whether the harvested roots were taken from wild or cultivated ginseng.
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 2 - GINSENG PROTECTION (§§ 12-6-150 — 12-6-157) › Section 12-6-155 - Determination by department concerning continuing necessity of article; report to General Assembly

Upon a determination by the department that this article is no longer necessary for the protection of ginseng in this state, the department shall report such determination to the next session of the General Assembly following such determination.
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 2 - GINSENG PROTECTION (§§ 12-6-150 — 12-6-157) › Section 12-6-156 - Registration forms and reporting forms

The department is authorized to prescribe the form and content of the registration forms and the reporting forms required by this article.
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 2 - GINSENG PROTECTION (§§ 12-6-150 — 12-6-157) › Section 12-6-157 - Penalty

Any person who engages in any action made unlawful by this article 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 3 - WILDFLOWER PRESERVATION (§§ 12-6-170 — 12-6-176) › Section 12-6-170 - Short title

This article shall be known and may be cited as the "Wildflower Preservation Act of 1973."
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 3 - WILDFLOWER PRESERVATION (§§ 12-6-170 — 12-6-176) › Section 12-6-171 - Definitions

As used in this article, the term:
(1)
"Person" means any natural person, firm, corporation, partnership, proprietorship, or other legal entity.
(2)
"Protected species" means a species of plant life which the department shall have designated as such and shall have made subject to the protection of this article.
(3)
"Public lands" means all those lands within this state which are owned by the state or which are subject to the dominion and control of this state and which are not owned and controlled by any private person.
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 3 - WILDFLOWER PRESERVATION (§§ 12-6-170 — 12-6-176) › Section 12-6-172 - Powers and duties of Department and Board of Natural Resources as to wildflower preservation

(a)
The Department of Natural Resources shall from time to time designate as a protected species any species of plant life within this state which it may determine to be rare, unusual, or in danger of extinction, and upon such designation such species will become subject to the protection of this article.
(b)
The Board of Natural Resources shall issue such rules and regulations as it may deem necessary and proper for the enforcement of this article.
(c)
The department may delegate the powers and duties which this article grants to it to any official or officials of the department.
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 3 - WILDFLOWER PRESERVATION (§§ 12-6-170 — 12-6-176) › Section 12-6-173 - Cutting, pulling up, digging, or removing protected species

No person within this state shall cut, dig, pull up, or otherwise remove any protected species from any public land unless such person has secured written authorization from the department.
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 3 - WILDFLOWER PRESERVATION (§§ 12-6-170 — 12-6-176) › Section 12-6-174 - Sale of protected species

No person within this state shall sell or offer for sale, for any purpose, any protected species unless such species was grown on private land and is being sold by the landowner or with the permission of 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 3 - WILDFLOWER PRESERVATION (§§ 12-6-170 — 12-6-176) › Section 12-6-175 - Transporting, carrying, or conveying protected species without tag and written document

No person within this state shall transport, carry, or otherwise convey any protected species from the land of another unless each shipment thereof has affixed thereto a tag supplied by the department showing that the person so transporting, carrying, or conveying such protected species has removed such specimen from the private lands of another person with the permission of such other person and has a written document in his possession evidencing such permission and further evidencing that such specimen has not been sold in violation of Code Section
12-6-174
.
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 3 - WILDFLOWER PRESERVATION (§§ 12-6-170 — 12-6-176) › Section 12-6-176 - Penalty

Any person who violates any provision of this article or a rule or regulation promulgated by the Board of Natural Resources pursuant to this article 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 4 - HARVEST AND SALE OF PINE STRAW (§§ 12-6-200 — 12-6-207) › Section 12-6-200 - Definitions

As used in this article, the term:
(1)
"Director" means the director of the State Forestry Commission.
(2)
"Harvesting" means the various methods or processes of gathering pine straw for preservation, storage, use, or sale.
(3)
"Landowner" means the person who owns land on which pine straw is harvested or the person having possession, control, or use of such land who has lawful authority to grant permission to harvest pine straw from the land.
(4)
"Person" means an individual, partnership, corporation, association, or any other legal entity.
(5)
"Pine straw" means the dead needles of coniferous evergreen trees which have separated from the trees to which they were originally attached.
(6)
"Pine straw dealer" means a person who purchases or otherwise obtains pine straw from a seller for the purpose of selling such pine straw at retail or for the purpose of selling such pine straw to another pine straw dealer or for both such purposes. "Pine straw dealer" also includes any person who purchases pine straw directly from a landowner for the purpose of selling such pine straw at retail.
(7)
"Seller" means a person who exchanges pine straw for money or for any other valuable consideration.
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 4 - HARVEST AND SALE OF PINE STRAW (§§ 12-6-200 — 12-6-207) › Section 12-6-201 - Legislative findings

The General Assembly finds that:
(1)
The natural occurrence of pine straw constitutes a significant economic resource for owners of timbered property;
(2)
Such owners have been victimized by continuous and repeated trespasses onto their lands by persons engaged in harvesting pine straw and have been deprived of the economic benefit of such resources; and
(3)
The repeated trespasses onto private property by certain persons engaged in the harvesting and baling of pine straw constitute an organized and methodical deprivation of the rights of others, necessitating the enactment of this article.
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 4 - HARVEST AND SALE OF PINE STRAW (§§ 12-6-200 — 12-6-207) › Section 12-6-202 - Certificate of harvest

(a)
As a condition of selling pine straw to a pine straw dealer within the State of Georgia, the seller shall obtain and present to the pine straw dealer a certificate of harvest. A certificate of harvest shall be a written or printed document signed by the landowner where the pine straw was harvested granting permission for the harvest of the pine straw. A certificate of harvest shall be valid for one year. In addition to the permission of the landowner to harvest pine straw, a certificate of harvest shall include the following information:
(1)
The name, address, and telephone number of the landowner who granted permission to harvest the load of pine straw;
(2)
The name, address, and telephone number of the person who was authorized to harvest the load of pine straw; and
(3)
The date and location of the harvest, which shall include the state and county where harvested.
(b)
A pine straw dealer who purchases pine straw directly from a landowner shall obtain a landowner's certificate of harvest. A landowner's certificate of harvest shall show the name, address, and telephone number of the landowner and the date and location of the harvest, including the state and county where harvested. A landowner's certificate of harvest shall be signed by 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 4 - HARVEST AND SALE OF PINE STRAW (§§ 12-6-200 — 12-6-207) › Section 12-6-203 - Prohibited acts

(a)
It shall be unlawful for any person to sell or offer to sell pine straw to a pine straw dealer or seller within the State of Georgia without presenting to the pine straw dealer or seller a certificate of harvest or landowner's certificate of harvest.
(b)
It shall be unlawful for any pine straw dealer or seller within the State of Georgia to purchase pine straw without first obtaining a certificate of harvest or landowner's certificate of harvest from the seller.
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 4 - HARVEST AND SALE OF PINE STRAW (§§ 12-6-200 — 12-6-207) › Section 12-6-204 - Stop sale, stop use, or removal orders to owners or custodians of pine straw

The director may issue and enforce written or printed stop sale, stop use, or removal orders to the owners or custodians of any pine straw ordering them to hold the same at a designated place, when the director finds that such pine straw is being offered or exposed for sale in violation of this article, until the law has been complied with and such pine straw has been released, in writing, by the director, or until such violations have been otherwise legally disposed of by written authority. The director shall release pine straw products when the requirements of this article have been complied with.
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 4 - HARVEST AND SALE OF PINE STRAW (§§ 12-6-200 — 12-6-207) › Section 12-6-205 - Seizure of pine straw obtained or offered for sale in violation of article

Any pine straw obtained or offered for sale in violation of this article shall be subject to seizure on the complaint of the director to the superior court of the county in which the pine straw is found. If the court finds the pine straw to be in violation of this article, and orders its condemnation, the pine straw shall be disposed of in any manner consistent with its quantity, the interests of the parties, and the laws of this state, provided that in no instance shall the pine straw be ordered by the court to be disposed of without first giving the person claiming the pine straw an opportunity to apply to the court for release of the pine straw in such manner as to bring it into compliance with this article.
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 4 - HARVEST AND SALE OF PINE STRAW (§§ 12-6-200 — 12-6-207) › Section 12-6-206 - Harvesting or handling pine straw for home or personal use

This article shall not be construed so as to affect any farmer or other person harvesting or handling pine straw for home or personal use.
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 4 - HARVEST AND SALE OF PINE STRAW (§§ 12-6-200 — 12-6-207) › Section 12-6-207 - Penalty

Any person violating any provisions of this article 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 5 - GEORGIA CARBON SEQUESTRATION REGISTRY ACT (§§ 12-6-220 — 12-6-232) › Section 12-6-220 - Short title

This article shall be known and may be cited as the "Georgia Carbon Sequestration Registry Act."
Amended by 2021 Ga. Laws 257,§ 1, eff. 7/1/2021.
Added by 2004 Ga. Laws 471, § 1, eff. upon the effective date of a specific appropriation of funds as expressed in a line item of an appropriations Act enacted by the General Assembly.
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 5 - GEORGIA CARBON SEQUESTRATION REGISTRY ACT (§§ 12-6-220 — 12-6-232) › Section 12-6-222 - Establishment of Carbon Sequestration Registry; uniform automated electronic information system

(a)
(1)
The commission shall establish a Georgia Carbon Sequestration Registry, which shall be in operation not later than one year after the effective date of this article.
(2)
The commission may contract with the Georgia Superior Court Clerks' Cooperative Authority to develop and implement a state-wide uniform automated electronic information system for purposes of the registry.
(b)
After its establishment, the state-wide uniform automated electronic information system for purposes of the registry shall be maintained by the Georgia Superior Court Clerks' Cooperative Authority or its designated agent in accordance with Code Section
15-6-97.2
.
Amended by 2021 Ga. Laws 257,§ 1, eff. 7/1/2021.
Added by 2004 Ga. Laws 471, § 1, eff. upon the effective date of a specific appropriation of funds as expressed in a line item of an appropriations Act enacted by the General Assembly.
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 5 - GEORGIA CARBON SEQUESTRATION REGISTRY ACT (§§ 12-6-220 — 12-6-232) › Section 12-6-223 - Purpose of registry

The purpose of the Georgia Carbon Sequestration Registry shall be to do all of the following:
(1)
Encourage voluntary actions to reduce greenhouse gas emissions, including, but not limited to, the construction of buildings made out of materials that sequester carbon dioxide;
(2)
Enable participants to voluntarily record carbon sequestrations made after January 1, 1990, or such other beginning date as may be established by rule or regulation of the commission, in a consistent format that is certified;
(3)
Ensure that sources in the state receive appropriate consideration for certified carbon sequestration results under any future federal or international regulatory regime relating to greenhouse gas emissions;
(4)
Recognize, publicize, and promote participants in the registry; and
(5)
Recruit broad participation in the process from all economic sectors and regions of the state.
Amended by 2021 Ga. Laws 257,§ 1, eff. 7/1/2021.
Added by 2004 Ga. Laws 471, § 1, eff. upon the effective date of a specific appropriation of funds as expressed in a line item of an appropriations Act enacted by the General Assembly.
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 5 - GEORGIA CARBON SEQUESTRATION REGISTRY ACT (§§ 12-6-220 — 12-6-232) › Section 12-6-225 - Procedures and protocols

The procedures and protocols for monitoring, estimating, calculating, reporting, and certifying carbon sequestration results established by, or approved pursuant to, this article shall be the only procedures and protocols recognized by the state for the purposes of the registry as described in Code Section
12-6-223
.
Amended by 2021 Ga. Laws 257,§ 1, eff. 7/1/2021.
Added by 2004 Ga. Laws 471, § 1, eff. upon the effective date of a specific appropriation of funds as expressed in a line item of an appropriations Act enacted by the General Assembly.
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 5 - GEORGIA CARBON SEQUESTRATION REGISTRY ACT (§§ 12-6-220 — 12-6-232) › Section 12-6-226 - Procedures and protocols are not condition for ongoing use of forest land

Procedures and protocols adopted pursuant to subparagraph (B) of paragraph (1) of Code Section
12-6-224
shall not be interpreted or construed as a condition for any lease, permit, license, certificate, or other entitlement for an ongoing use of forest land.
Amended by 2021 Ga. Laws 257,§ 1, eff. 7/1/2021.
Added by 2004 Ga. Laws 471, § 1, eff. upon the effective date of a specific appropriation of funds as expressed in a line item of an appropriations Act enacted by the General Assembly.
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 5 - GEORGIA CARBON SEQUESTRATION REGISTRY ACT (§§ 12-6-220 — 12-6-232) › Section 12-6-227 - Voluntary participation; right of withdrawal

Participation in the registry shall be voluntary, and participants may withdraw at any time.
Amended by 2021 Ga. Laws 257,§ 1, eff. 7/1/2021.
Added by 2004 Ga. Laws 471, § 1, eff. upon the effective date of a specific appropriation of funds as expressed in a line item of an appropriations Act enacted by the General Assembly.
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 5 - GEORGIA CARBON SEQUESTRATION REGISTRY ACT (§§ 12-6-220 — 12-6-232) › Section 12-6-229 - Adoption of standardized forms

To support the estimation, calculation, reporting, and certification of carbon sequestration results in a consistent format, the commission, in consultation with the Georgia Superior Court Clerks' Cooperative Authority, shall adopt standardized forms that all participants shall use to calculate, report, and certify emissions results.
Amended by 2021 Ga. Laws 257,§ 1, eff. 7/1/2021.
Added by 2004 Ga. Laws 471, § 1, eff. upon the effective date of a specific appropriation of funds as expressed in a line item of an appropriations Act enacted by the General Assembly.
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 5 - GEORGIA CARBON SEQUESTRATION REGISTRY ACT (§§ 12-6-220 — 12-6-232) › Section 12-6-231 - Reporting to Governor by director

Not later than two years after the effective date of this article and biennially thereafter, the director shall report to the Governor and the General Assembly on the number of participants in the registry, the amounts of carbon sequestered by those participants, and ways to make the registry more workable for participants that are consistent with the goals and intent of this article.
Amended by 2021 Ga. Laws 257,§ 1, eff. 7/1/2021.
Added by 2004 Ga. Laws 471, § 1, eff. upon the effective date of a specific appropriation of funds as expressed in a line item of an appropriations Act enacted by the General Assembly.
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 6 - FOREST HERITAGE TRUST ACT OF 2004 (§§ 12-6-240 — 12-6-247) › Section 12-6-240 - Short title

This article shall be known and may be cited as the "Forest Heritage Trust Act of 2004."
Added by 2004 Ga. Laws 473, § 1, eff. 7/1/2004.
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 6 - FOREST HERITAGE TRUST ACT OF 2004 (§§ 12-6-240 — 12-6-247) › Section 12-6-241 - Legislative findings

(a)
The General Assembly finds that certain real property in Georgia, because it exhibits unique natural characteristics, special historical significance, or particular recreational value, constitutes a valuable heritage which should be protected to provide benefits to all Georgians, now and in the future. The General Assembly specifically recognizes that the forest lands and resources of the state are a natural resource of great economic value to the citizens of the state, not only for the potential production of forest products which they can provide, but also for the enormously valuable natural benefits they impart to the citizens of Georgia, such as air and water quality improvements, water storage, control of erosion, temperature moderation, habitat for native plants and wildlife, and opportunities for recreation in a natural, historic Georgia environment. Natural forested lands also allow present and future citizens to gain an understanding of the prehistoric and early culture of this region. Commercial forests provide traditional jobs, support our economy, and reflect the importance this industry has had in the development of Georgia. The General Assembly further finds that many of the forest resources of the state are under pressure to be converted to other uses because of Georgia's rapid progress and increased population over the past decades. As forest lands are converted to other uses and irreparably altered, a valuable part of our cultural heritage is lost as well as the natural benefits those forest lands provide.
(b)
The General Assembly declares, therefore, that there is a compelling public need to preserve forest lands as an element of Georgia's heritage. The General Assembly asserts the public interest in the state's heritage by creating the Forest Heritage Trust Program, which shall be the responsibility of the Governor and the State Forestry Commission and which shall seek to protect this heritage through the acquisition of fee simple title or lesser interests in valuable properties and by utilization of other available methods.
Amended by 2006 Ga. Laws 453,§ 12, eff. 4/14/2006.
Added by 2004 Ga. Laws 473, § 1, eff. 7/1/2004.
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 6 - FOREST HERITAGE TRUST ACT OF 2004 (§§ 12-6-240 — 12-6-247) › Section 12-6-242 - Definitions

As used in this article, the term:
(1)
"Commission" means the State Forestry Commission.
(2)
"Forest heritage area" means an area of land, marsh, or water which has been identified by the commission as having significant historical, natural, or cultural value.
(3)
"Forest heritage preserve" means a heritage area to which the state holds fee simple title or some lesser estate and which has been dedicated under this article.
Amended by 2005 Ga. Laws 19,§ 12, eff. 4/7/2005.
Added by 2004 Ga. Laws 473, § 1, eff. 7/1/2004.
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 6 - FOREST HERITAGE TRUST ACT OF 2004 (§§ 12-6-240 — 12-6-247) › Section 12-6-243 - Role of the commission

The commission shall serve as an advisory body to the Governor on all matters concerning the Forest Heritage Trust Program and shall make recommendations to the Governor concerning the identification, designation, and acquisition of forest heritage areas; the dedication of forest heritage preserves; and the annual budget for the Forest Heritage Trust Program. The commission shall consider recommendations from the director of the State Forestry Commission before making its recommendations on these matters.
Amended by 2006 Ga. Laws 453,§ 12, eff. 4/14/2006.
Added by 2004 Ga. Laws 473, § 1, eff. 7/1/2004.
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 6 - FOREST HERITAGE TRUST ACT OF 2004 (§§ 12-6-240 — 12-6-247) › Section 12-6-244 - Powers and duties of commission

The commission shall have the following powers and duties with regard to the Forest Heritage Trust Program:
(1)
To adopt and promulgate all policies, rules, and regulations necessary for the identification and acquisition of forest heritage areas and for the selection, dedication, management, and use of forest heritage preserves;
(2)
To acquire forest heritage areas in the name of the State of Georgia as otherwise provided by law;
(3)
To advocate and approve the dedication of forest heritage preserves; and
(4)
To provide general supervision and direction in the protection, management, operation, and use of forest heritage preserves.
Added by 2004 Ga. Laws 473, § 1, eff. 7/1/2004.
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 6 - FOREST HERITAGE TRUST ACT OF 2004 (§§ 12-6-240 — 12-6-247) › Section 12-6-245 - Dedication as forest heritage preserve

A forest heritage area which has been acquired by the commission for the Forest Heritage Trust Program may become dedicated as a forest heritage preserve after written recommendation of the commission and approval by Executive Order of the Governor. Any other real property owned by the State of Georgia and under the custody of the commission may be similarly dedicated. The written recommendation shall contain a provision that designates the best and most important use or uses to which the land is to be put. The dedication as a forest heritage preserve shall become effective when the written recommendation and the approval of the Governor are filed with the office of the Secretary of State. The written recommendation and the approval of the Governor shall be filed in the office of the clerk of the superior court of the county or counties in which the forest heritage preserve is located.
Added by 2004 Ga. Laws 473, § 1, eff. 7/1/2004.
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 6 - FOREST HERITAGE TRUST ACT OF 2004 (§§ 12-6-240 — 12-6-247) › Section 12-6-246 - Use of forest heritage preserves

Forest heritage preserves shall be held by the state in trust for the benefit of present and future generations of people of the State of Georgia. Each forest heritage preserve shall be put to the designated use or uses that confer the best and most important benefit to the public. Forest heritage preserves shall not be put to any use other than the dedicated use or uses except pursuant to the following procedure:
(1)
A state agency, department, or authority with a direct interest in the use of a forest heritage preserve must submit in writing a petition to the commission that an imperative and unavoidable necessity for such other use exists;
(2)
Upon receipt of such petition, the commission shall give public hearing thereon in the county or counties in which the forest heritage preserve is located;
(3)
The commission shall consider fully all testimony relative to the proposed use and submit a recommendation to the General Assembly; and
(4)
The General Assembly shall then determine if such use is in the public interest and may by statute approve such other use of the forest heritage preserve.
Amended by 2005 Ga. Laws 19,§ 12, eff. 4/7/2005.
Added by 2004 Ga. Laws 473, § 1, eff. 7/1/2004.
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 6 - FOREST HERITAGE TRUST ACT OF 2004 (§§ 12-6-240 — 12-6-247) › Section 12-6-247 - Impact of dedication as forest heritage preserve on other protected status

Neither the dedication of a piece of property as a forest heritage preserve nor any action taken by the commission pursuant to this article shall operate to void, preempt, or dilute any protected status which that property had or would have had but for its dedication as a forest heritage preserve.
Added by 2004 Ga. Laws 473, § 1, eff. 7/1/2004.
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 7 - HARVEST AND SALE OF SAW PALMETTO BERRIES (§§ 12-6-250 — 12-6-257) › Section 12-6-250 - Definitions

As used in this article, the term:
(1)
"Director" means the director of the State Forestry Commission.
(2)
"Harvest" or "harvesting" means the various methods or processes of gathering saw palmetto berries for preservation, storage, use, or sale.
(3)
"Landowner" means the person that owns land from which saw palmetto berries are harvested or the person having possession, control, or use of such land that has lawful authority to grant permission to harvest saw palmetto berries from the land.
(4)
"Person" means an individual, partnership, corporation, association, or any other legal entity.
(5)
"Saw palmetto berries" means the fruit of the plant species Serenoa repens, commonly known as the saw palmetto.
(6)
"Saw palmetto berry dealer" means a person that purchases or otherwise obtains saw palmetto berries from a seller for the purpose of selling such saw palmetto berries at retail or for the purpose of selling such saw palmetto berries to another saw palmetto berry dealer or for both such purposes. This term also includes any person that purchases saw palmetto berries directly from a landowner for the purpose of selling such saw palmetto berries at retail.
(7)
"Seller" means a person that exchanges or offers to exchange saw palmetto berries for money or for any other valuable consideration.
Added by 2020 Ga. Laws 571,§ 1, eff. 8/5/2020.
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 7 - HARVEST AND SALE OF SAW PALMETTO BERRIES (§§ 12-6-250 — 12-6-257) › Section 12-6-251 - Legislative findings

The General Assembly finds that:
(1)
The natural occurrence of saw palmetto berries constitutes a significant economic resource for landowners;
(2)
Such landowners have been victimized by continuous and repeated trespasses onto their lands by persons engaged in harvesting saw palmetto berries and have thus been deprived of the economic benefit of such resources; and
(3)
The repeated trespasses onto private property by certain persons engaged in the harvesting of saw palmetto berries constitute an organized and methodical deprivation of the rights of others, necessitating the addition of this article.
Added by 2020 Ga. Laws 571,§ 1, eff. 8/5/2020.
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 7 - HARVEST AND SALE OF SAW PALMETTO BERRIES (§§ 12-6-250 — 12-6-257) › Section 12-6-252 - Certificates of harvest

(a)
As a condition of selling saw palmetto berries to a saw palmetto berry dealer within this state, the seller shall obtain and present to the saw palmetto berry dealer a certificate of harvest. A certificate of harvest shall be a written or printed document signed by the landowner from which the saw palmetto berries were harvested granting permission for the harvest of the saw palmetto berries and shall include a harvest start date and end date, which harvest period shall not exceed one year. A certificate of harvest shall be valid for one year. In addition to the permission of the landowner to harvest saw palmetto berries, a certificate of harvest shall include:
(1)
The name, address, and telephone number of the landowner that granted permission to harvest the saw palmetto berries;
(2)
The name, address, and telephone number of the person authorized to harvest the saw palmetto berries; and
(3)
The start date, end date, and location, including county, of the harvest.
(b)
A saw palmetto berry dealer that purchases saw palmetto berries directly from a landowner or a person harvesting saw palmetto berries from another's property shall obtain a landowner's certificate of harvest. A landowner's certificate of harvest shall include:
(1)
The name, address, and telephone number of the landowner;
(2)
The start date, end date, and location, including county, of the harvest; and
(3)
The landowner's signature.
Added by 2020 Ga. Laws 571,§ 1, eff. 8/5/2020.
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 7 - HARVEST AND SALE OF SAW PALMETTO BERRIES (§§ 12-6-250 — 12-6-257) › Section 12-6-253 - Required recordkeeping and retention

(a)
A person who participates in the procurement of palmetto berries shall maintain a legible record of all activities and purchase transactions of saw palmetto berries. Such record shall include the following information:
(1)
The names and addresses of such person and of the landowner;
(2)
The date or dates of harvesting;
(3)
The weight, quantity, or volume and a description of the type of saw palmetto berries harvested;
(4)
The amount of consideration given for the harvested saw palmetto berries and a copy of the check or voucher or documentation evidencing the electronic funds transfer given as consideration for such harvesting;
(5)
A signed statement from such person that he or she has the landowner's permission to harvest saw palmetto berries; and
(6)
A scanned or photocopied copy of a valid personal identification card of such person and of the landowner.
(b)
A person required to record information as set forth in subsection (a) of this Code section shall maintain such records for not less than two years from the date of harvest.
Added by 2020 Ga. Laws 571,§ 1, eff. 8/5/2020.
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 7 - HARVEST AND SALE OF SAW PALMETTO BERRIES (§§ 12-6-250 — 12-6-257) › Section 12-6-254 - Penalty for violations

When the director or law enforcement finds that any saw palmetto berries are being harvested or offered or exposed for sale in violation of this article, the director or law enforcement may issue and enforce written or printed stop harvest, stop sale, stop use, or removal orders to the owners or custodians of such saw palmetto berries, ordering such individuals to hold the same at a designated location until a certificate of harvest or a landowner's certificate of harvest has been provided and such saw palmetto berries have been released, in writing, by the director or law enforcement, or until such saw palmetto berries have been otherwise legally disposed of by written authority. The director or law enforcement or both shall release saw palmetto berries when the requirements of this article are met.
Added by 2020 Ga. Laws 571,§ 1, eff. 8/5/2020.
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 7 - HARVEST AND SALE OF SAW PALMETTO BERRIES (§§ 12-6-250 — 12-6-257) › Section 12-6-255 - Seizure of berries for noncompliance

Any saw palmetto berries obtained or offered for sale in violation of this article shall be subject to seizure on the complaint of the director or law enforcement to the superior court of the county in which the saw palmetto berries are found. If the court finds the status of the saw palmetto berries to be in violation of this article, and orders condemnation of such saw palmetto berries, the saw palmetto berries shall be disposed of in any manner consistent with their quantity, the interests of the parties, and the laws of this state; provided, however, that in no instance shall the saw palmetto berries be ordered by the court to be disposed of without first giving the person claiming to own the saw palmetto berries an opportunity to apply to the court for release of the saw palmetto berries in such manner as to bring the matter into compliance with this article.
Added by 2020 Ga. Laws 571,§ 1, eff. 8/5/2020.
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 7 - HARVEST AND SALE OF SAW PALMETTO BERRIES (§§ 12-6-250 — 12-6-257) › Section 12-6-256 - Exemption for personal use

This article shall not be construed so as to affect any landowner that harvests or handles saw palmetto berries for home or personal use.
Added by 2020 Ga. Laws 571,§ 1, eff. 8/5/2020.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 6A - LAND CONSERVATION (§§ 12-6A-1 — 12-6A-12) › Section 12-6A-1 - Short title

This chapter shall be known and may be cited as the "Georgia Outdoor Stewardship Act."
Added by 2018 Ga. Laws 415,§ 1, eff. 7/1/2019.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 6A - LAND CONSERVATION (§§ 12-6A-1 — 12-6A-12) › Section 12-6A-2 - Purpose of funding protection of conservation land

This chapter is enacted pursuant to Article III, Section IX, Paragraph VI(p) of the Constitution, which authorizes up to 80 percent of all moneys received by the state from the sales and use tax collected by outdoor recreation equipment establishments classified under the 2007 North American Industry Classification Code 451110, sporting goods stores in the immediately preceding fiscal year to be dedicated to the Georgia Outdoor Stewardship Trust Fund for the purpose of funding the protection of conservation land.
Added by 2018 Ga. Laws 415,§ 1, eff.7/1/2019.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 6A - LAND CONSERVATION (§§ 12-6A-1 — 12-6A-12) › Section 12-6A-3 - Legislative intent

The intent of this chapter is to provide stewardship for state parks, state lands, and wildlife management areas; support local parks and trails; and protect critical conservation land.
Added by 2018 Ga. Laws 415,§ 1, eff. 7/1/2019.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 6A - LAND CONSERVATION (§§ 12-6A-1 — 12-6A-12) › Section 12-6A-4 - Definitions

As used in this chapter, the term:
(1)
"Conservation land" means land and water, or interests therein, that are in their undeveloped, natural states or that have been developed only to the extent consistent with, or are restored to be consistent with, at least one of the following environmental values or conservation benefits:
(A)
Water quality protection for wetlands, rivers, streams, or lakes;
(B)
Protection of wildlife habitats;
(C)
Protection of cultural sites, heritage corridors, and archeological and historic resources;
(D)
Protection of land around Georgia's military installations to ensure that missions are compatible with surrounding communities and that encroachment on military installations does not impair future missions;
(E)
Support of economic development through conservation projects; or
(F)
Provision for recreation in the form of boating, hiking, camping, fishing, hunting, running, jogging, biking, walking, or similar outdoor activities.
(2)
"Costs of acquisition" means all direct costs of activities which are required by applicable state laws and local ordinances or policies in order to convey a conservation easement, or to obtain fee simple or other lesser interests in real property, to a holder who will ensure the permanent protection of the property as conservation land; provided, however, that such costs shall not include any costs for services provided in violation of Chapter 40 of Title 43.
(3)
"Nongovernmental entity" means a nonprofit organization primarily concerned with the protection and conservation of land and natural resources, as evidenced by its organizational documents.
(4)
"Outdoor recreation equipment establishments" means places of business classified under the 2007 North American Industry Classification Code 451110, sporting goods stores.
(5)
"Permanently protected conservation areas" means those resources:
(A)
Owned by the federal government and dedicated for recreation or conservation or as a natural resource;
(B)
Owned by the State of Georgia and dedicated for recreation or conservation or as a natural resource;
(C)
Owned by a state or local unit of government or authority and subject to:
(i)
A conservation easement ensuring that the property will be maintained in a manner consistent with conservation land;
(ii)
Contractual arrangements ensuring that, if the protected status is discontinued on a parcel, such property will be replaced by other conservation land which at the time of such replacement is of equal or greater monetary and resource protection value; or
(iii)
A permanent restrictive covenant as provided in subsection (c) of Code Section
44-5-60
; or
(D)
Owned by any person or entity and subject to a conservation easement ensuring that the property will be maintained in a manner consistent with conservation land.
(6)
"Project proposal" means any application seeking moneys from the Georgia Outdoor Stewardship Trust Fund.
Amended by 2020 Ga. Laws 521,§ 12, eff. 7/29/2020.
Added by 2018 Ga. Laws 415,§ 1, eff. 7/1/2019.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 6A - LAND CONSERVATION (§§ 12-6A-1 — 12-6A-12) › Section 12-6A-5 - Establishment of the Georgia Outdoor Stewardship Trust Fund

(a)
There is established the Georgia Outdoor Stewardship Trust Fund as a separate fund in the state treasury. Except as provided in subsections (c) and (d) of this Code section, the General Assembly shall appropriate to the trust fund 40 percent of all moneys received by the state from the sales and use tax collected by establishments classified under the 2007 North American Industry Classification Code 451110, sporting goods stores, in the most recently completed fiscal year.
(b)
Such funds shall not lapse to the general fund. Such funds shall be used to support the protection and conservation of land and shall be used to supplement, not supplant, department resources.
(c)
(1)
In the event that, in any current fiscal year, the most recently completed fiscal year's total moneys received from the levy of a sales and use tax fall at least 1 percent below the total moneys received from the levy of the tax in the year prior to the most recently completed fiscal year, then the amount that the General Assembly shall appropriate to the trust fund for the following fiscal year shall be reduced by 20 percent.
(2)
In the event that, in a fiscal year following the fiscal year of an initial trust fund appropriation reduction pursuant to paragraph (1) of this subsection, the most recently completed fiscal year's total moneys received from the levy of a sales and use tax fall at least 1 percent below the total moneys received from the levy of the tax in the year prior to the most recently completed fiscal year, then the amount that the General Assembly shall appropriate to the trust fund for the following fiscal year shall be reduced by 50 percent.
(d)
In any current fiscal year following a year for which the amount appropriated to the trust fund is reduced in accordance with subsection (c) of this Code section, the same percentage reduction shall continue unless the total moneys received from the levy of the sales and use tax in the most recently completed fiscal year equal or exceed the total moneys received from the levy of the sales and use tax in the most recent fiscal year in which no reduction in the amount appropriated to the trust fund occurred pursuant to subsection (c) or (d) of this Code section.
Amended by 2021 Ga. Laws 290,§ 1, eff. 7/1/2022.
Added by 2018 Ga. Laws 415,§ 1, eff. 7/1/2019.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 6A - LAND CONSERVATION (§§ 12-6A-1 — 12-6A-12) › Section 12-6A-9 - Agreements as to acceptance, administration, ownership, and operation of properties

The department may, by agreement with a city, county, or nongovernmental entity, accept and administer property acquired by such city, county, or nongovernmental entity pursuant to this chapter or may make such other agreements for the ownership and operation of the property as are outlined in Code Sections
12-3-32
and
27-1-6
.
Added by 2018 Ga. Laws 415,§ 1, eff. 7/1/2019.