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 4 - COASTAL WATERS, BEACHES, AND SAND DUNES (§§ 12-5-210 — 12-5-329) › Part 6 - COASTAL MANAGEMENT (§§ 12-5-320 — 12-5-329) › Section 12-5-327 - Duty of department to prepare document for submission to Governor; duty to prepare report every three years

(a)
The department shall prepare a document reflecting the Georgia coastal management program for submission to the Governor. The Governor shall have the authority to review and approve such document. Once approved, the Governor shall have the authority to submit the document reflecting the Georgia coastal management program to the secretary of commerce for approval as outlined in the federal Coastal Zone Management Act of 1972, as amended. At any time, the Governor, with the concurrence of the General Assembly, may withdraw the state from participation in the federal Coastal Zone Management Act of 1972 if it is determined that continued participation is not in the best interest of the state.
(b)
The department shall make a report every three years of its activities under this part to the Governor and General Assembly. The report shall include a summary of the effectiveness of the program, a survey of user groups, and the department's opinion of the value of Georgia's continued participation in the program. Copies of the report shall be provided to the Governor, the Lieutenant Governor, the Speaker of the House of Representatives, the chairperson of the House Natural Resources and Environment Committee, the chairperson of the Senate Natural Resources and the Environment Committee, and the Board of Natural Resources.
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 12-5-328 - Nothing in part to be construed as waiver of federal immunity or consent for other state to exercise jurisdiction

Nothing contained in this part shall be construed as a consent to waiver of immunity under the Eleventh Amendment of the United States Constitution or consent for any other state to exercise regulatory jurisdiction within the boundaries of this state.
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 5 - RIVERS AND RIVER BASINS (§§ 12-5-330 — 12-5-457) › Part 1 - GENERAL PROVISIONS (§§ 12-5-330 — 12-5-331) › Section 12-5-330 - [Repealed and Reserved] Resources Advisory Board, Southeast River Basins

Repealed and reserved by 2001 Ga. Laws 280, § 3, eff. 7/1/2001.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 5 - WATER RESOURCES (§§ 12-5-1 — 12-5-586) › Article 5 - RIVERS AND RIVER BASINS (§§ 12-5-330 — 12-5-457) › Part 1 - GENERAL PROVISIONS (§§ 12-5-330 — 12-5-331) › Section 12-5-331 - Duties and powers of department as to development of state's rivers

(a)
The Department of Natural Resources shall negotiate with the proper authorities of the United States from time to time concerning the development of the rivers of Georgia with particular reference to flood control. The department shall be privileged to appear before committees of Congress concerning appropriations for river development, to gather and disseminate information, and to cooperate with the federal and state authorities toward the development of Georgia's rivers.
(b)
Such information pertinent to the development of Georgia's rivers as may be obtained by the Department of Natural Resources may be filed from time to time with the Department of Economic Development and, subject to approval of the Governor and the Secretary of State, with the Division of Archives and History.
Amended by 2004 Ga. Laws 569, § 10, eff. 7/1/2004.
Amended by 2002 Ga. Laws 749,§ 1, eff. 7/1/2002.
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 5 - RIVERS AND RIVER BASINS (§§ 12-5-330 — 12-5-457) › Part 2 - GEORGIA SCENIC RIVER SYSTEM (§§ 12-5-350 — 12-5-354) › Section 12-5-350 - Short title

This part shall be known and may be cited as the "Georgia Scenic Rivers Act of 1969."
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 5 - RIVERS AND RIVER BASINS (§§ 12-5-330 — 12-5-457) › Part 2 - GEORGIA SCENIC RIVER SYSTEM (§§ 12-5-350 — 12-5-354) › Section 12-5-351 - Definitions

As used in this part, the term:
(1)
"Free-flowing," as applied to any river or section of a river, means existing or flowing in natural condition without impoundment, diversion, straightening, rip-rapping, or other modification of the waterway.
(2)
"River" means a flowing body of water, or a section, portion, or tributary thereof, and includes streams, creeks, branches, and small lakes.
(3)
"Scenic easement" means an interest in land which limits the use of land along the shoreline of a scenic river for the purpose of protecting the scenic, recreational, or natural characteristics of the area.
(4)
"Scenic river" means certain rivers or sections of rivers of the State of Georgia which have valuable scenic, recreational, or natural characteristics which should be preserved for the benefit and enjoyment of present and future 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 5 - RIVERS AND RIVER BASINS (§§ 12-5-330 — 12-5-457) › Part 2 - GEORGIA SCENIC RIVER SYSTEM (§§ 12-5-350 — 12-5-354) › Section 12-5-352 - Rivers comprising the Georgia Scenic River System

(a)
The Georgia Scenic River System shall be comprised of the following:
(1)
That portion of the Jacks River contained within the Cohutta National Wilderness Area and located in Fannin and Murray counties, Georgia, which portion extends a length of approximately 16 miles;
(2)
That portion of the Conasauga River located within the Cohutta National Wilderness Area and located in Fannin, Gilmer, and Murray counties, Georgia, which portion extends a length of approximately 17 miles;
(3)
That portion of the Chattooga River and its West Fork which are now designated as part of the Chattooga National Wild and Scenic River and located in Rabun County, Georgia, which portion extends a length of approximately 34 miles; and
(4)
That portion of Ebenezer Creek from Long Bridge on County Road S 393 to the Savannah River and located in Effingham County, Georgia, which portion extends a length of approximately seven miles.
(b)
The Georgia Scenic River System shall also be comprised of any river or section of a river designated as a scenic river by Act or resolution of the General Assembly.
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 5 - RIVERS AND RIVER BASINS (§§ 12-5-330 — 12-5-457) › Part 2 - GEORGIA SCENIC RIVER SYSTEM (§§ 12-5-350 — 12-5-354) › Section 12-5-353 - Duties of department as to scenic rivers

(a)
The Department of Natural Resources shall study and from time to time recommend to the Governor and General Assembly rivers or sections of rivers to be considered for designation as scenic rivers. Each recommendation shall be accompanied by a report showing the proposed area and its classification, the characteristics which qualify the river or section of river for designation as a scenic river, ownership and use of land in the area, the state agency which should administer the area, and the estimated costs of acquiring fee title and scenic easements and of administering the area as a scenic river. The department may conduct such studies in cooperation with appropriate agencies of the State of Georgia and the United States and may apply for and receive funds therefor from the Land and Water Conservation Fund and other federal sources, provided that such studies must be first approved by the person or persons appointed by the Governor to serve as a liaison with certain federal agencies under the terms of Public Law 90-542 (82 Stat. 906), approved October 2, 1968, such law having been designated the "Wild and Scenic Rivers Act."
(b)
The department shall proceed to make a study of each of the following rivers and make a report of its findings and recommendations to the Governor and the General Assembly:
(1)
The Suwanee River from its source in the Okefenokee Swamp to the point where it flows out of the State of Georgia; and
(2)
That section of the Chattooga River within the State of Georgia.
(c)
Each scenic river, together with the land lying within its authorized boundary, as established by the General Assembly, shall be classified as one of the following:
(1)
Natural river area.
This is a free-flowing river or section of river generally inaccessible except by trail, with the shoreline undeveloped and unused;
(2)
Pastoral river area.
This is a free-flowing river or section of river accessible by roads, with the shoreline mostly undeveloped and unused; or
(3)
Recreational river area.
This is a free-flowing river or section of river accessible by roads, with limited development along the shoreline.
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 5 - RIVERS AND RIVER BASINS (§§ 12-5-330 — 12-5-457) › Part 2 - GEORGIA SCENIC RIVER SYSTEM (§§ 12-5-350 — 12-5-354) › Section 12-5-354 - Construction, operation, or maintenance of dams, reservoirs, or other structures on scenic rivers; acquisition of land within boundaries of scenic rivers

After designation of any river or section of a river as a scenic river by the General Assembly pursuant to Code Section
12-5-352
:
(1)
No dam, reservoir, or other structure impeding the natural flow of the waterway shall be constructed, operated, or maintained in such river or section of river so designated as a scenic river, unless specifically authorized by an Act of the General Assembly;
(2)
The department may acquire by purchase, gift, grant, bequest, devise, lease, or otherwise fee title or any lesser interest in the land lying within the authorized boundary of such river or section of river designated as a scenic river. Any interest in land acquired by the department pursuant to this Code section shall be transferred to such governmental agency as the General Assembly may by Act direct.
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 5 - RIVERS AND RIVER BASINS (§§ 12-5-330 — 12-5-457) › Part 3 - DAM SAFETY (§§ 12-5-370 — 12-5-385) › Section 12-5-370 - Short title

This part shall be known and may be cited as the "Georgia Safe Dams Act of 1978."
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 5 - RIVERS AND RIVER BASINS (§§ 12-5-330 — 12-5-457) › Part 3 - DAM SAFETY (§§ 12-5-370 — 12-5-385) › Section 12-5-371 - Declaration of purpose

It is the purpose of this part to provide for the inspection and permitting of certain dams in order to protect the health, safety, and welfare of all the citizens of the state by reducing the risk of failure of such dams. The General Assembly finds and declares that the inspection and permitting of certain dams is properly a matter for regulation under the police powers of the state.
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 5 - RIVERS AND RIVER BASINS (§§ 12-5-330 — 12-5-457) › Part 3 - DAM SAFETY (§§ 12-5-370 — 12-5-385) › Section 12-5-373 - Powers and duties of director generally

In addition to any other powers and duties provided for in this part, the director shall have and may exercise the following powers and duties:
(1)
To exercise general supervision over the administration and enforcement of this part and all rules and regulations and orders promulgated hereunder;
(2)
To require progress reports from the supervising engineer of a dam construction project, as deemed necessary;
(3)
To supervise investigations necessary to carry out the duties prescribed in this part;
(4)
To advise, consult, cooperate, contract, and enter into cooperative agreements with private persons, local units of government, and other governmental agencies or committees, including, but not limited to, the Department of Transportation, the State Soil and Water Conservation Commission, and the United States Army Corps of Engineers for the purposes of carrying out this part;
(5)
To take such other actions as may be necessary to carry out 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 5 - RIVERS AND RIVER BASINS (§§ 12-5-330 — 12-5-457) › Part 3 - DAM SAFETY (§§ 12-5-370 — 12-5-385) › Section 12-5-374 - Powers and duties of board as to dams and artificial barriers

In the performance of its duties, the board shall:
(1)
Establish by rule or regulation such policies, requirements, or standards governing the construction, operation, and maintenance of dams or artificial barriers permitted or required to be permitted under this part, including, but not limited to, the following:
(A)
Requiring that the engineer who provides engineering design services for a dam constructed after July 1, 1978, certify to the director that he is registered by the State of Georgia and that he has the necessary training and experience to design such dam, and requiring that the engineer attach such certification to the application for permit;
(B)
Requiring that, if the engineer determines that a geological investigation of the dam site is advisable, such investigation shall be conducted by a professional geologist registered to practice in the State of Georgia;
(C)
Requiring that the engineer who undertakes the design of a dam constructed after July 1, 1978, submit to the director all documentation of the analysis and calculations for such design and the as-built drawings for such dam;
(D)
Requiring that an approved plan for inspection and maintenance be put into effect by the owner or operator for any permitted dam;
(E)
Requiring that the owner of a dam immediately notify the division of the occurrence of symptoms of failure, including, but not limited to, erosion, surface cracks, seepage, settlement, or movement;
(F)
Requiring that prior to construction of a dam the owner shall provide the board of commissioners or other governing authority of the county in which the dam is to be constructed with the name and address of the person owning such dam and the person having direct responsibility for the operation of such dam. In addition, the owner shall have recorded on the official land plat for the county the location of such dam;
(2)
Establish by rule or regulation such criteria to be included in dam construction and operation application forms;
(3)
Establish by rule or regulation such standards necessary to govern the inspection of permitted dams; and
(4)
Adopt, modify, repeal, and promulgate such other rules and regulations relating to dam safety as are necessary and proper to carry out the purposes of this part, including Code Section
12-5-375
.
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 5 - RIVERS AND RIVER BASINS (§§ 12-5-330 — 12-5-457) › Part 3 - DAM SAFETY (§§ 12-5-370 — 12-5-385) › Section 12-5-376.1 - Subclassification of category I dams by director; minimum spillway design requirements

(a)
For the purposes of this Code section:
(1)
"Acre-feet" means the measurement of the impounding capacity of a dam as described in paragraph (4) of Code Section
12-5-372
.
(2)
"Height" means the height of a dam determined in the manner described in paragraph (4) of Code Section
12-5-372
.
(3)
"PMP" means probable maximum precipitation as determined by the United States Weather Service to be the greatest amount of rainfall of a six-hour duration which would be expected for a given location.
(b)
All category I dams identified by the commission pursuant to Code Section
12-5-375
shall be subclassified by the director as follows:
(1)
Small dams - Those with a storage capacity not exceeding 500 acre-feet and a height not exceeding 25 feet.
(2)
Medium dams - Those with a storage capacity exceeding 500 acre-feet but not exceeding 1,000 acre-feet or a height exceeding 25 feet but not exceeding 35 feet.
(3)
Large dams - Those with a storage capacity exceeding 1,000 acre-feet but not exceeding 50,000 acre-feet or a height exceeding 35 feet but not exceeding 100 feet.
(4)
Very large dams - Those with a storage capacity exceeding 50,000 acre-feet or a height exceeding 100 feet.
(c)
Permits issued pursuant to this part shall require minimum spillway design as follows:
(1)
Small dams......................................... 25 percent PMP
(2)
Medium dams....................................... 33.3 percent PMP
(3)
Large dams............................................. 50 percent PMP
(4)
Very large dams....................................... 100 percent PMP
Based on visual inspection and detailed hydrologic and hydraulic evaluation, including documentation of competent original design and construction procedures, up to a 10 percent lower requirement (22.5, 30, 45, 90) can be accepted, at the discretion of the director, provided the project is in an acceptable state of maintenance. The design storm may also be reduced if the applicant's engineer can successfully demonstrate to the director by engineering analysis that the dam is sufficient to protect against probable loss of human life downstream at a lesser design storm.
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 5 - RIVERS AND RIVER BASINS (§§ 12-5-330 — 12-5-457) › Part 3 - DAM SAFETY (§§ 12-5-370 — 12-5-385) › Section 12-5-377 - Dam removal

(a)
It shall be unlawful for the owner or operator of any dam for which a permit is required by this part to remove the dam without the approval of the director.
(b)
Prior to the commencement of removing any such dam, such owner or operator shall apply to the director on forms supplied by the division for permission to remove the dam.
(c)
Within 60 days after the receipt of a completed application for removal, the director shall approve, or approve subject to appropriate conditions, the applicant's request for removal.
(d)
Upon receipt of approval for removal, the removal shall be commenced as soon as practicable; and the impoundment shall be drained and the structure permanently breached.
(e)
Nothing in this part shall be construed to prevent the owner or operator of any impoundment from draining such impoundment without authorization from the director.
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 5 - RIVERS AND RIVER BASINS (§§ 12-5-330 — 12-5-457) › Part 3 - DAM SAFETY (§§ 12-5-370 — 12-5-385) › Section 12-5-378 - Inspection of dams and other barriers; administrative orders to enforce compliance; emergency action by director

(a)
The director or any authorized agency with which the director has entered into a contract on behalf of the division is authorized to make a visual inspection of any dam or other artificial barrier for which a permit is or may be required by this part and to enter on any property, public or private, at reasonable times without notice for the purpose of accomplishing such inspection. After any such visual inspection, and upon a finding by the director that a dam is not in compliance with any provision of this part or any rule or regulation promulgated hereunder, the director may issue an administrative order to the owner of such dam requiring such owner to undertake, at the owner's expense, such maintenance, alterations, repairs, reconstruction, change in construction or location, or removal as may be deemed necessary by the director, or the draining or lowering of the water level of the dam, within the time period specified in such administrative order.
(b)
Based upon a visual inspection of a dam, if the director determines that the dam is not in compliance with this part or any rule and regulation promulgated hereunder, and there is not sufficient time to issue an administrative order, the director may immediately take such measures as may be necessary to provide emergency protection to life or property, including lowering the reservoir level or destroying in whole or in part the barrier and impoundment. The costs of such emergency measures may be recovered by the state in an action brought in the superior court of the county in which the dam is located or the county of residence of the dam owner.
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 5 - RIVERS AND RIVER BASINS (§§ 12-5-330 — 12-5-457) › Part 3 - DAM SAFETY (§§ 12-5-370 — 12-5-385) › Section 12-5-379 - Investigations; right of access by division; right to require statements and reports regarding construction and operation of dams; refusal of access or interference

(a)
The division shall have the right to direct and conduct such investigations as it may reasonably deem necessary to carry out its duties as prescribed in this part. For this purpose, the employees of the division or any authorized representatives shall have the right to enter at reasonable times on any property, public or private, for the purpose of investigating the condition, construction, or operation of any dam or other artificial barrier dealt with in this part. Such employees or representatives shall also have the right to require written statements or the filing of reports with respect to pertinent questions relating to the construction or operation of any dam; provided, however, that no person shall be required to disclose any secret formula, processes, or methods used in any manufacturing operation or any confidential information concerning business activities carried on by him or under his supervision.
(b)
It shall be unlawful for any person to refuse entry or access to any authorized representative of the division who requests entry for purposes of inspection and who presents appropriate credentials. It shall also be unlawful to obstruct, hamper, or interfere with any such representative while in the process of carrying out his official duties.
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 5 - RIVERS AND RIVER BASINS (§§ 12-5-330 — 12-5-457) › Part 3 - DAM SAFETY (§§ 12-5-370 — 12-5-385) › Section 12-5-380 - Administrative and judicial review

Any person who is aggrieved or adversely affected by an order or action of the director shall be entitled to administrative and judicial review in accordance with subsection (c) of Code Section
12-2-2
.
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 5 - RIVERS AND RIVER BASINS (§§ 12-5-330 — 12-5-457) › Part 3 - DAM SAFETY (§§ 12-5-370 — 12-5-385) › Section 12-5-380.1 - Orders of director or administrative law judge filed in superior court; effect of filing

The division may file in the superior court in the county in which the person under order resides or in the county in which the violation occurred or, if the person is a corporation, in the county in which the corporation maintains its principal place of business a certified copy of a final order of the director or the administrative law judge unappealed from, or a final order of the administrative law judge affirmed upon appeal, whereupon the court shall render judgment in accordance therewith and notify the parties. The judgment shall have the same effect as though the judgment had been rendered in an action duly heard and determined by the court.
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 5 - RIVERS AND RIVER BASINS (§§ 12-5-330 — 12-5-457) › Part 3 - DAM SAFETY (§§ 12-5-370 — 12-5-385) › Section 12-5-381 - Injunctive relief

Whenever in the judgment of the director any person has engaged in or is about to engage in any act or practice which constitutes or will constitute an unlawful action under this part, he may make application to the superior court of the county in which the unlawful act or practice has been or is about to be engaged in, or in which jurisdiction is appropriate, for an order enjoining such act or practice, or for an order requiring compliance with this part. Upon a showing by the director that such person has engaged in or is about to engage in any such act or practice, a permanent or temporary injunction, restraining order, or other order shall be granted without the necessity of showing lack of an adequate remedy at law.
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 5 - RIVERS AND RIVER BASINS (§§ 12-5-330 — 12-5-457) › Part 3 - DAM SAFETY (§§ 12-5-370 — 12-5-385) › Section 12-5-382 - Power of commissioner of transportation as to contracts relating to part

The commissioner of transportation is authorized to enter into contracts on behalf of the Department of Transportation with the division for the purpose of carrying out 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 5 - RIVERS AND RIVER BASINS (§§ 12-5-330 — 12-5-457) › Part 3 - DAM SAFETY (§§ 12-5-370 — 12-5-385) › Section 12-5-383 - Liability for damages

(a)
Nothing in this part shall be construed to constitute a waiver of the sovereign immunity of the state, the board, or the division. No action shall be brought against the state, the board, the division, or any member, officer, or employee of the state, the board, or the division for damages sustained through the partial or total failure of any dam or other artificial barrier dealt with in this part or its maintenance by reason of any supervision or other action taken or not taken pursuant to or under this part, including specifically, but not limited to, any action taken or not taken by the board or its members, the director, the division, its officers or employees, or its representatives pursuant to Code Section
12-5-375
. Nothing in this part and no order, action, or advice of the director or the division or any representative thereof shall be construed to relieve a dam owner or operator of the legal duties, obligations, or liabilities incident to the ownership or operation of the dam.
(b)
Nothing in this part shall be construed to constitute a waiver of the sovereign immunity of the commission. No action shall be brought against the state, the commission, or any employee of the state or the commission for damages sustained through the partial or total failure of any dam or other artificial barrier dealt with in this part or its maintenance by reason of any supervision or other action taken or not taken pursuant to former Code Section
12-5-375
.
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 5 - RIVERS AND RIVER BASINS (§§ 12-5-330 — 12-5-457) › Part 3 - DAM SAFETY (§§ 12-5-370 — 12-5-385) › Section 12-5-384 - Conformance to and compliance with part required

It shall be unlawful for any person to own, construct, operate, or remove a dam or other artificial barrier dealt with in this part, except in such a manner as to conform to and comply with this part and with all rules, regulations, orders, and permits established under 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 5 - RIVERS AND RIVER BASINS (§§ 12-5-330 — 12-5-457) › Part 3 - DAM SAFETY (§§ 12-5-370 — 12-5-385) › Section 12-5-385 - Criminal and civil penalties

(a)
Any person who engages in any action made unlawful by this part shall be guilty of a misdemeanor. Each day of continued violation after conviction shall constitute a separate offense.
(b)
As an alternative to criminal enforcement pursuant to subsection (a) of this Code section, the director may impose civil penalties in accordance with the following provisions:
(1)
Any person violating any provision of this part or any permit condition or limitation established pursuant to this part or negligently or willfully failing or refusing to comply with any final order of the director issued as provided in this part shall be liable for a civil penalty not to exceed $1,000.00 for such violation and an additional civil penalty not to exceed $500.00 for each day during which the violation continues;
(2)
Whenever the director has reason to believe that any person has violated any provision of this part or any permit condition or limitation established pursuant to this part or has negligently or willfully failed or refused to comply with any final order of the director, he may, upon written request, cause a hearing to be conducted before a hearing officer appointed by the board. Upon a finding that such person has violated any provision of this part or any permit condition or limitation established pursuant to this part or has negligently or willfully failed or refused to comply with a final order of the director, the hearing officer shall issue his initial decision imposing such civil penalties as are provided in paragraph (1) of this subsection. Such hearing and any administrative or judicial review thereof shall be conducted in accordance with subsection (c) of Code Section
12-2-2
.
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 5 - RIVERS AND RIVER BASINS (§§ 12-5-330 — 12-5-457) › Part 4 - DEVELOPMENT OF CHATTAHOOCHEE RIVER BASIN (§§ 12-5-400 — 12-5-402) › Section 12-5-400 - Short title

This part shall be known and may be cited as the "Chattahoochee River Basin 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 5 - RIVERS AND RIVER BASINS (§§ 12-5-330 — 12-5-457) › Part 4 - DEVELOPMENT OF CHATTAHOOCHEE RIVER BASIN (§§ 12-5-400 — 12-5-402) › Section 12-5-401 - Purpose

It shall be the purpose of the Department of Natural Resources under this part to encourage and promote the expansion and development of the full economic, industrial, and recreational potential of the Chattahoochee River and its tributaries. By way of illustration and not of limitation, the department shall encourage and promote the development of navigation to Atlanta, trade and other commercial facilities, flood control, water supply, pollution abatement, hydroelectric power generation, recreation, protection and propagation of fish and wildlife, and the proper flow of dam-controlled water discharges.
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 5 - RIVERS AND RIVER BASINS (§§ 12-5-330 — 12-5-457) › Part 4 - DEVELOPMENT OF CHATTAHOOCHEE RIVER BASIN (§§ 12-5-400 — 12-5-402) › Section 12-5-402 - Powers and duties of department

(a)
In carrying out its purposes under this part, the department shall have the following powers:
(1)
To administer all funds available to the department under this part;
(2)
To accept any grant of funds made by the United States government or any agency thereof for the purpose of carrying out any of its functions under this part;
(3)
To accept gifts, bequests, devises, and endowments to be used in carrying out the purposes of this part;
(4)
To act either independently or jointly with any other state department or with any commission, board, or institution of the state in order to carry out its powers and duties under this part;
(5)
To request from the various state departments and other agencies and authorities of the state and its political subdivisions and their agencies and authorities such available information as it may require in its work. All such agencies and authorities shall within a reasonable time furnish such requested available information to the department;
(6)
To make such recommendations and reports to the Governor and to the General Assembly as it deems necessary or advisable, in addition to the annual report required as provided in subsection (b) of this Code section;
(7)
To contract with political subdivisions of the State of Georgia and with private persons and corporations pursuant to its functions under this part;
(8)
To do all other things necessary and proper to exercise its powers and perform its duties to effectuate the purposes of this part.
(b)
The department shall have the following duties under this part:
(1)
To formulate, in cooperation with other state agencies, agencies of the United States government, and interested organizations and citizens of the State of Georgia, a comprehensive program and plan for the development of the Chattahoochee River Basin;
(2)
To submit an annual report of its activities under this part and recommendations to the Governor and to notify the members of the General Assembly of the availability of the annual report and recommendations in the manner which it deems to be most effective and efficient.
Amended by 2005 Ga. Laws 333,§ 7, 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 5 - RIVERS AND RIVER BASINS (§§ 12-5-330 — 12-5-457) › Part 5 - DEVELOPMENT OF ALTAMAHA RIVER BASIN (§§ 12-5-420 — 12-5-422) › Section 12-5-420 - Short title

This part shall be known and may be cited as the "Altamaha River Basin 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 5 - RIVERS AND RIVER BASINS (§§ 12-5-330 — 12-5-457) › Part 5 - DEVELOPMENT OF ALTAMAHA RIVER BASIN (§§ 12-5-420 — 12-5-422) › Section 12-5-421 - Purpose

It shall be the purpose of the Department of Natural Resources under this part to encourage and promote the expansion and development of the full economic, industrial, and recreational potential of the Altamaha River Basin, its tributaries, and their basins. By way of illustration and not of limitation, the department shall encourage and promote the development of navigation to Atlanta, trade and other commercial facilities, flood control, water supply, pollution abatement, hydroelectric power generation, recreation, protection and propagation of fish and wildlife, and the proper flow of dam-controlled water discharges.
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 5 - RIVERS AND RIVER BASINS (§§ 12-5-330 — 12-5-457) › Part 5 - DEVELOPMENT OF ALTAMAHA RIVER BASIN (§§ 12-5-420 — 12-5-422) › Section 12-5-422 - Powers and duties of department

(a)
In carrying out its purposes under this part, the department shall have the following powers:
(1)
To administer all funds available to the department under this part;
(2)
To accept or decline any grant of funds made by the United States government or any agency thereof for the purpose of carrying out any of its functions under this part;
(3)
To accept or decline gifts, bequests, devises, and endowments to be used in carrying out the purposes of this part;
(4)
To act either independently or jointly with any other state department or with any commission, board, or institution of the state in order to carry out its powers and duties under this part;
(5)
To request from the various state departments, other agencies and authorities of the state and the political subdivisions of the state and their agencies and authorities such available information as it may require in its work. All such agencies and authorities shall, where practical, within a reasonable time furnish such requested available information to the department;
(6)
To make such recommendations and reports to the Governor and to the General Assembly as it deems necessary or advisable, in addition to the annual report required as provided in subsection (b) of this Code section;
(7)
To contract with political subdivisions of the State of Georgia and with private persons and corporations pursuant to its functions under this part;
(8)
To do all other things necessary and proper to exercise its powers and perform its duties to effectuate the purposes of this part.
(b)
The department shall have the following duties under this part:
(1)
To formulate, in cooperation with other state agencies, agencies of the United States government, and interested organizations and citizens of the State of Georgia, a comprehensive program and plan for the development of the Altamaha River Basin;
(2)
To submit an annual report of its activities under this part and recommendations to the Governor and to notify the members of the General Assembly of the availability of the annual report and recommendations in the manner which it deems to be most effective and efficient.
Amended by 2005 Ga. Laws 333,§ 8, 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 5 - RIVERS AND RIVER BASINS (§§ 12-5-330 — 12-5-457) › Part 6 - PROTECTION OF METROPOLITAN RIVERS (§§ 12-5-440 — 12-5-457) › Section 12-5-440 - Short title

This part shall be known as and may be cited as the "Metropolitan River 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 5 - RIVERS AND RIVER BASINS (§§ 12-5-330 — 12-5-457) › Part 6 - PROTECTION OF METROPOLITAN RIVERS (§§ 12-5-440 — 12-5-457) › Section 12-5-442 - Legislative findings and purposes

(a)
The General Assembly finds that adequate supplies of clean water for drinking and other purposes constitute the lifeblood of the great metropolitan areas of this state and are, therefore, essential to the health, welfare, and economic progress of the state; that development adjacent to major streams in certain metropolitan areas requires special regulation to provide adequate protection for public water supplies; that siltation and urban runoff threaten such water supplies; that flood plain development unnecessarily exposes life and property to loss by flooding while increasing flood risks for other areas; that over-intensive development adjacent to major streams increases the frequency and severity of such flooding; that it is in the public interest to avoid future flood damage and possible loss of life, to control erosion and pollution, and to protect the water quality of major streams in certain metropolitan areas.
(b)
The General Assembly finds that the stream corridors of major streams in certain metropolitan areas as set forth in this part are vital areas within the meaning of Article III, Section VIII, Paragraph IIIA of the Constitution of the State of Georgia of 1976 and Article III, Section VI, Paragraph II of the Constitution of the State of Georgia of 1983. The purpose of this part is to provide a method whereby political subdivisions in certain metropolitan areas shall utilize the police power of the state, in accordance with a comprehensive plan, to protect consistently the water quality of any major stream, the public water supplies of such political subdivision and of the area, recreational values of the major stream, and private property rights of landowners; to prevent activities which contribute to floods and flood damage; to control erosion, siltation, and intensity of development; to provide for the location and design of land uses in such a way as to minimize the adverse impact of development on the major stream and flood plains; and to provide for comprehensive planning for the stream corridor in such areas.
(c)
The General Assembly finds that certain political subdivisions in the included area have in force certain flood plain and sediment control ordinances that afford adequate protection for the aforementioned problems. Nothing in this part shall be construed so as to make those local political subdivision ordinances less stringent than they are now.
(d)
The General Assembly intends to authorize and require political subdivisions in any such area to enforce this part so as to protect the watercourse and the adjacent stream corridor. The General Assembly further intends that the state have the authority to enforce this part if the appropriate political subdivisions have failed or refused to do so and if the public interest requires it.
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 5 - RIVERS AND RIVER BASINS (§§ 12-5-330 — 12-5-457) › Part 6 - PROTECTION OF METROPOLITAN RIVERS (§§ 12-5-440 — 12-5-457) › Section 12-5-447 - Minimum standards for certificates and recommendations

Every certificate issued by a governing authority and every recommendation of the commission, unless the proposed use is not harmful to the water and land resources of the stream corridor, will not significantly impede the natural flow of flood waters, and will not result in significant land erosion, stream bank erosion, siltation, or water pollution, shall comply with the following minimum standards:
(1)
No land or water use shall be permitted in the flood plain; and
(2)
No land or water use shall be permitted within 150 horizontal feet of the watercourse.
Amended by 2008 Ga. Laws 436,§ 25, eff. 7/1/2009.
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 5 - RIVERS AND RIVER BASINS (§§ 12-5-330 — 12-5-457) › Part 6 - PROTECTION OF METROPOLITAN RIVERS (§§ 12-5-440 — 12-5-457) › Section 12-5-448 - Appeal

Any person aggrieved by any final determination, cease and desist order, other order, or other final action of the commission or a governing authority under this part and who has exhausted any administrative remedies may take an appeal to the superior court of the county in which all or part of the land affected lies. The appeal shall be filed within 30 days from the date of the final determination, cease and desist order, other order, or other final action of the governing authority or committee of such governing authority or of the commission. Upon failure to file an appeal within 30 days, the decision of the governing authority or committee of such governing authority or of the commission shall be final. The appeal shall be heard by the judge of the superior court without a jury.
Amended by 2008 Ga. Laws 436,§ 25, eff. 7/1/2009.
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 5 - RIVERS AND RIVER BASINS (§§ 12-5-330 — 12-5-457) › Part 6 - PROTECTION OF METROPOLITAN RIVERS (§§ 12-5-440 — 12-5-457) › Section 12-5-449 - Other laws not superseded by part

The requirements of this part are in addition to and do not supersede other requirements of law including the zoning and building regulations of the political subdivision involved.
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 5 - RIVERS AND RIVER BASINS (§§ 12-5-330 — 12-5-457) › Part 6 - PROTECTION OF METROPOLITAN RIVERS (§§ 12-5-440 — 12-5-457) › Section 12-5-453 - Local regulation of land in drainage basins; enforcement where local regulation inadequate; failure of governing authority to meet requirements

(a)
On or before January 1, 1984, or March 1, 1999, with respect to land brought within the stream corridor on July 1, 1998, each governing authority shall adopt ordinances or regulations governing use of all land which is in the drainage basin of any tributary. Such regulations and ordinances shall, at a minimum, include the following:
(1)
Buffer areas of adequate width as determined by local governing authorities along all flowing streams in the drainage basin of any tributary, in which areas there will be no land-disturbing activity; and
(2)
Soil erosion and sediment control regulations consistent with Chapter 7 of this title, the "Erosion and Sedimentation Act of 1975." Requirements of the plan, other than those requirements consistent with Chapter 7 of this title, shall not apply in the drainage basin of any tributary outside the stream corridor.
(b)
If the governing authority has failed to adopt and enforce buffer area and erosion and sediment control ordinances or regulations which effectively control erosion and sedimentation in a tributary, the commission shall give written notice to the governing authority of its intent to request the director to undertake enforcement of erosion and sediment control regulations in the drainage basin of such tributary. If, after such notice from the commission, the governing authority fails to demonstrate, to the satisfaction of the commission, its intent and ability to enforce buffer area and erosion and sediment control ordinances or regulations in the drainage basin of such tributary, the commission shall request the director to assume enforcement of erosion and sediment control regulations in the drainage basin of such tributary.
(c)
Upon notification by the commission of a governing authority's failure to adopt and enforce buffer area and erosion and sediment control ordinances or regulations in the drainage basin of a tributary or upon a determination by the director, after consultation with the commission, that a governing authority has failed to adopt and enforce buffer area and erosion and sediment control ordinances or regulations in the drainage basin of a tributary, the director may revoke the certification of a governing authority as an issuing authority for permits required by Chapter 7 of this title, known as the "Erosion and Sedimentation Act of 1975," for the land within the drainage basin of such tributary.
Amended by 2008 Ga. Laws 436,§ 25, eff. 7/1/2009.
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 5 - RIVERS AND RIVER BASINS (§§ 12-5-330 — 12-5-457) › Part 6 - PROTECTION OF METROPOLITAN RIVERS (§§ 12-5-440 — 12-5-457) › Section 12-5-454 - Removal of sand from watercourse

Notwithstanding any other provisions of this part to the contrary, nothing contained in this part shall be construed so as to prohibit any person, firm, or corporation from removing sand from any watercourse without restriction when such removal is accomplished in such a manner that no greater effluent is returned to the watercourse than that removed therefrom and no erosion along the banks of the watercourse occurs.
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 5 - RIVERS AND RIVER BASINS (§§ 12-5-330 — 12-5-457) › Part 6 - PROTECTION OF METROPOLITAN RIVERS (§§ 12-5-440 — 12-5-457) › Section 12-5-455 - Plan and application for certificate open to public inspection

The plan, every proposed version thereof, every revision thereof, and every application for a certificate under this part shall constitute public documents and shall be freely available for inspection by any person.