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 1 - FOREST RESOURCES (§§ 12-6-1 — 12-6-149) › Part 2 - PRACTICE OF PROFESSIONAL FORESTRY (§§ 12-6-40 — 12-6-63) › Section 12-6-46 - State Board of Registration for Foresters - Meetings; officers

The board shall hold meetings as necessary. The board shall elect or appoint annually a chairman and a vice-chairman. The division director of the professional licensing boards division, as provided in Chapter 1 of Title 43, shall serve as secretary of the board in the same manner as provided by Code Sections
43-1-1
and
43-1-2
.
Amended by 2001 Ga. Laws 2, § 12, eff. 2/12/2001.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 6 - FOREST RESOURCES AND OTHER PLANT LIFE (§§ 12-6-1 — 12-6-257) › Article 1 - FOREST RESOURCES (§§ 12-6-1 — 12-6-149) › Part 2 - PRACTICE OF PROFESSIONAL FORESTRY (§§ 12-6-40 — 12-6-63) › Section 12-6-47 - State Board of Registration for Foresters - Rules and regulations; seal

(a)
The board shall have the power to promulgate rules and regulations, not inconsistent with the Constitution and laws of this state, which may be reasonably necessary for the proper performance of its duties and the regulation of the proceedings before it.
(b)
The board shall adopt and have an official seal.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 6 - FOREST RESOURCES AND OTHER PLANT LIFE (§§ 12-6-1 — 12-6-257) › Article 1 - FOREST RESOURCES (§§ 12-6-1 — 12-6-149) › Part 2 - PRACTICE OF PROFESSIONAL FORESTRY (§§ 12-6-40 — 12-6-63) › Section 12-6-48 - State Board of Registration for Foresters - Record of proceedings

The board shall keep a record of its proceedings. The records of the board shall be prima-facie evidence of the proceedings of the board set forth therein, and a transcript thereof, duly certified by the secretary of the board under seal, shall be admissible in evidence with the same force and effect as if the original were produced.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 6 - FOREST RESOURCES AND OTHER PLANT LIFE (§§ 12-6-1 — 12-6-257) › Article 1 - FOREST RESOURCES (§§ 12-6-1 — 12-6-149) › Part 2 - PRACTICE OF PROFESSIONAL FORESTRY (§§ 12-6-40 — 12-6-63) › Section 12-6-49 - Qualifications and requirements for registered foresters

(a)
The minimum qualifications and requirements for registration as a registered forester shall be as follows:
(1)
Graduation with a baccalaureate degree from a school, college, or department of forestry approved by the board, passage of a board approved examination after graduation, and a specific record of an additional two years' or more experience in forestry work of a character satisfactory to the board indicating that the applicant is competent to practice forestry. Such two years' experience need not be obtained on lands owned, leased, rented, or held by the applicant or by any person, corporation, agency, entity, or institution by which such applicant is employed, so long as the applicant works under supervision of a registered forester or under other supervision acceptable to the board; or
(2)
Graduation from a school of forestry not approved by the board or completion of a curriculum approved by the board in which the applicant has acquired a minimum of 40 quarter hours' credit, or its equivalent, in forestry subjects, provided that such applicant may be licensed only after acquiring two years' experience of a character satisfactory to the board and under the supervision of a registered forester or under other supervision acceptable to the board, and only after passing a board approved examination; provided, however, that an applicant who graduates on or after July 1, 1993, from a school of forestry not approved by the board or who, on or after July 1, 1993, completes a curriculum approved by the board in which the applicant has acquired a minimum of 40 quarter hours' credit, or its equivalent, in forestry subjects, may be licensed only after completing three years' experience of a character satisfactory to the board and under the supervision of a registered forester or under other supervision acceptable to the board and only after passing a board approved examination.
(b)
The board shall issue licenses only to those applicants who meet the requirements of this Code section, provided that no person shall be eligible for registration as a registered forester who is not of good moral character and reputation.
(c)
It shall be the duty of the board by rule or regulation to define "supervision" and "experience" as used in this part, and in so doing the board shall consider and give effect to the directness, immediacy, scope, extent, quality, and constancy of such supervision, and, as to experience, the nature, quality, and extent thereof.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 6 - FOREST RESOURCES AND OTHER PLANT LIFE (§§ 12-6-1 — 12-6-257) › Article 1 - FOREST RESOURCES (§§ 12-6-1 — 12-6-149) › Part 2 - PRACTICE OF PROFESSIONAL FORESTRY (§§ 12-6-40 — 12-6-63) › Section 12-6-49.1 - Denial or suspension of license for noncompliance with child support order

(a)
As used in this Code section, the term:
(1)
"Agency" means the agency within the Department of Human Services which is responsible for enforcing orders for child support pursuant to Article 1 of Chapter 11 of Title 19, the "Child Support Recovery Act."
(2)
"Compliance with an order for child support" means, as set forth in a court order, administrative order, or contempt order for child support, the obligor is not more than 60 calendar days in arrears in making payments in full for current support, periodic payments on a support arrearage, or periodic payments on a reimbursement for public assistance.
(3)
"Proof of compliance" means the notice of release issued by the agency or a court of competent jurisdiction stating that the delinquent obligor is in compliance with an order for child support.
(b)
The board shall suspend, as provided for in Code Sections
19-6-28.1
and
19-11-9.3
, the license of any registered forester upon receipt of a record from the agency or a court of competent jurisdiction stating that such licensee is not in compliance with an order for child support.
(c)
The board shall deny the application or renewal, as provided for in Code Sections
19-6-28.1
and
19-11-9.3
, of any applicant or licensee upon receipt of a record that such applicant or licensee is not in compliance with an order for child support from the agency or court of competent jurisdiction.
(d)
Notwithstanding any other provisions of law, the hearings and appeals procedures provided for in Code Section
19-6-28.1
or
19-11-9.3
, where applicable, shall be the only such procedures required to suspend a license or deny the issuance or renewal of an application for a license under this part.
Amended by 2009 Ga. Laws 102,§ 2-2, eff. 7/1/2009.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 6 - FOREST RESOURCES AND OTHER PLANT LIFE (§§ 12-6-1 — 12-6-257) › Article 1 - FOREST RESOURCES (§§ 12-6-1 — 12-6-149) › Part 2 - PRACTICE OF PROFESSIONAL FORESTRY (§§ 12-6-40 — 12-6-63) › Section 12-6-49.2 - Suspension of registered forester license; borrowers in default

(a)
The board shall not suspend the license of any registered forester because he or she has been certified by any entity of the federal government for nonpayment or default or breach of a repayment or service obligation under any federal educational loan, loan repayment, or service conditional scholarship program.
(b)
The board shall not deny the application for renewal of any applicant or licensee because he or she has been certified by any entity of the federal government for nonpayment or default or breach of a repayment or service obligation under any federal educational loan, loan repayment, or service conditional scholarship program.
Amended by 2024 Ga. Laws 399,§ 2-5, eff. 6/30/2024.
Amended by 2019 Ga. Laws 146,§ 1-5, eff. 7/1/2019.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 6 - FOREST RESOURCES AND OTHER PLANT LIFE (§§ 12-6-1 — 12-6-257) › Article 1 - FOREST RESOURCES (§§ 12-6-1 — 12-6-149) › Part 2 - PRACTICE OF PROFESSIONAL FORESTRY (§§ 12-6-40 — 12-6-63) › Section 12-6-50 - Applications for registration; fee

(a)
Applications for registration shall be made on forms prescribed and furnished by the board; shall contain statements made under oath, showing the applicant's education and a detailed summary of the applicant's technical work; and shall contain not fewer than five references, of whom three or more shall be registered foresters having personal or professional knowledge of the applicant's forestry experience.
(b)
The registration fee for a license as a registered forester shall be an amount established by the board. Should the board deny the issuance of a license to any applicant, the initial fee deposited shall be retained by the board as an application fee.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 6 - FOREST RESOURCES AND OTHER PLANT LIFE (§§ 12-6-1 — 12-6-257) › Article 1 - FOREST RESOURCES (§§ 12-6-1 — 12-6-149) › Part 2 - PRACTICE OF PROFESSIONAL FORESTRY (§§ 12-6-40 — 12-6-63) › Section 12-6-51 - Examinations

When written examinations are required, they shall be held at such time and place as the division director of the professional licensing boards division, as provided in Chapter 1 of Title 43, shall determine. The methods of procedure shall be prescribed by the division director of the professional licensing boards division, as provided in Chapter 1 of Title 43. A candidate failing on examination may apply for reexamination in the manner provided for by the division director of the professional licensing boards division, as provided in Chapter 1 of Title 43. Subsequent examination will be granted upon payment of a fee to be determined by the board.
Amended by 2001 Ga. Laws 2, § 12, eff. 2/12/2001.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 6 - FOREST RESOURCES AND OTHER PLANT LIFE (§§ 12-6-1 — 12-6-257) › Article 1 - FOREST RESOURCES (§§ 12-6-1 — 12-6-149) › Part 2 - PRACTICE OF PROFESSIONAL FORESTRY (§§ 12-6-40 — 12-6-63) › Section 12-6-52 - Licenses - Issuance generally; endorsement by registrant of plans, maps, specifications, and reports issued by registrant

The board shall issue a license upon payment of a registration fee as provided for in this part to any applicant who, in the opinion of the board, has satisfactorily met all of the requirements of this part. The issuance of a license by the board shall be evidence that the person named therein is entitled to all the rights and privileges of a registered forester while the license remains unrevoked or unexpired. Plans, maps, specifications, and reports issued by a registrant shall be endorsed with his name and license number during the life of the registrant's license.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 6 - FOREST RESOURCES AND OTHER PLANT LIFE (§§ 12-6-1 — 12-6-257) › Article 1 - FOREST RESOURCES (§§ 12-6-1 — 12-6-149) › Part 2 - PRACTICE OF PROFESSIONAL FORESTRY (§§ 12-6-40 — 12-6-63) › Section 12-6-54 - Licenses - Reciprocity for nonresidents

(a)
Any person who is licensed as a registered forester under the laws of another state may be licensed and registered under the laws of Georgia by reciprocity without having to qualify under the other provisions of this part, subject to the following conditions:
(1)
That the requirements and qualifications for licensing and registration under the laws of the state in which such person is licensed are substantially equivalent to those of Georgia, such substantial equivalency to be determined by the board; and
(2)
That such state permits licensing of foresters registered in Georgia on terms substantially equivalent to those of this Code section, such substantial equivalency to be determined by the board.
(b)
Notwithstanding the foregoing provisions of this Code section, the board may decline to license by reciprocity any person on an individual basis where the board determines that such applicant does not possess good character or has been guilty of fraud in making application under the laws of Georgia or of any other state, or where the board determines by examination or otherwise that such applicant is not in fact qualified to become licensed as a registered forester.
(c)
Any person desiring to become registered under this Code section shall make application under oath on blanks to be furnished by the board, shall accompany such application with the same fee required for licensing and registration under Code Section
12-6-50
, and shall cause to be sent to the board a certificate from the proper authority of the state under which such person is already registered certifying thereto.
(d)
Any license issued under this Code section shall be subject to all provisions of this part governing expiration, renewal, renewal fees, revocation, and any and all other provisions of law governing or relating to registered foresters.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 6 - FOREST RESOURCES AND OTHER PLANT LIFE (§§ 12-6-1 — 12-6-257) › Article 1 - FOREST RESOURCES (§§ 12-6-1 — 12-6-149) › Part 2 - PRACTICE OF PROFESSIONAL FORESTRY (§§ 12-6-40 — 12-6-63) › Section 12-6-55 - Licenses - Only individuals may be licensed

Registration shall be determined upon a basis of individual personal qualifications. No firm, company, partnership, or corporation can be licensed.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 6 - FOREST RESOURCES AND OTHER PLANT LIFE (§§ 12-6-1 — 12-6-257) › Article 1 - FOREST RESOURCES (§§ 12-6-1 — 12-6-149) › Part 2 - PRACTICE OF PROFESSIONAL FORESTRY (§§ 12-6-40 — 12-6-63) › Section 12-6-56 - Licenses - Expiration and renewal generally; continuing forestry education requirement

(a)
Licenses shall be valid for up to two years and shall be renewable biennially on the renewal date established by the division director of the professional licensing boards division, as provided in Chapter 1 of Title 43.
(b)
The board shall require persons who are licensed under this part to complete not less than six hours and not more than 20 hours of continuing forestry education as a condition of license renewal. The board shall be authorized to approve continuing forestry education courses offered by professional organizations, institutions of higher learning, qualified individuals, or specialty societies. In addition, the board shall be authorized to approve credit for meetings, presentations, or other activities considered by the board to be a form of continuing education.
(c)
The board shall be authorized to waive the continuing forestry education requirement in cases of hardship or illness.
(d)
The board shall be authorized to promulgate rules and regulations to ensure compliance with the requirements of this Code section.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 6 - FOREST RESOURCES AND OTHER PLANT LIFE (§§ 12-6-1 — 12-6-257) › Article 1 - FOREST RESOURCES (§§ 12-6-1 — 12-6-149) › Part 2 - PRACTICE OF PROFESSIONAL FORESTRY (§§ 12-6-40 — 12-6-63) › Section 12-6-57 - State Board of Registration for Foresters - Denial or revocation of license; discipline of licensee; code of ethics

The board shall have the authority to refuse to grant a license to an applicant, to revoke the license of a person licensed by the board, or to discipline a person licensed by the board upon a finding by a majority of the board that the licensee or applicant has violated the provisions of Code Section
43-1-19
. The board shall have the authority to adopt, by regulation, a code of professional ethics for foresters and thereby define unethical conduct or practice by applicants or licensees of the board for purposes of Code Section
43-1-19
.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 6 - FOREST RESOURCES AND OTHER PLANT LIFE (§§ 12-6-1 — 12-6-257) › Article 1 - FOREST RESOURCES (§§ 12-6-1 — 12-6-149) › Part 2 - PRACTICE OF PROFESSIONAL FORESTRY (§§ 12-6-40 — 12-6-63) › Section 12-6-58 - State Board of Registration for Foresters - Duplicate license for lost, destroyed, or mutilated license

A duplicate license to replace any lost, destroyed, or mutilated license may be issued, subject to the rules of the board, upon payment of a fee established by the board.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 6 - FOREST RESOURCES AND OTHER PLANT LIFE (§§ 12-6-1 — 12-6-257) › Article 1 - FOREST RESOURCES (§§ 12-6-1 — 12-6-149) › Part 2 - PRACTICE OF PROFESSIONAL FORESTRY (§§ 12-6-40 — 12-6-63) › Section 12-6-60 - Injunctive relief

In addition to any other remedy or criminal prosecution, whenever it shall appear to the board that any person, firm, company, partnership, association, or corporation, or their agents, officers, or directors, is or has been holding himself, itself, or themselves out to the public as a registered forester when not so registered, the board may, on its own motion or on the verified complaint in writing of any person, file an equitable petition in its own name in the superior court in any county of this state having jurisdiction of the parties, alleging the facts and praying for a temporary restraining order, a temporary injunction, or a permanent injunction against such person, firm, company, partnership, association, or corporation, or their agents, officers, and directors, restraining him, it, or them from violating such law. Upon proof of the facts as alleged, the court shall issue such restraining order, temporary injunction, or permanent injunction without requiring allegation or proof that the petitioner therefor has no adequate remedy at law.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 6 - FOREST RESOURCES AND OTHER PLANT LIFE (§§ 12-6-1 — 12-6-257) › Article 1 - FOREST RESOURCES (§§ 12-6-1 — 12-6-149) › Part 2 - PRACTICE OF PROFESSIONAL FORESTRY (§§ 12-6-40 — 12-6-63) › Section 12-6-61 - Prohibited acts

(a)
No person shall use in connection with his name or otherwise assume, use, or advertise any title or description tending directly or indirectly to convey the impression that he is a registered forester without first having been licensed and registered as a registered forester as provided in this part.
(b)
Except as specifically authorized under this part, no person shall engage in the practice of professional forestry, as defined in this part, or in any manner advertise or hold himself out as engaged in such practice without first being licensed as a registered forester under this part.
(c)
Notwithstanding subsection (b) of this Code section or any other provisions of this part, nothing in this part shall be construed as preventing or prohibiting any person from managing or otherwise conducting forestry practices on land owned, leased, rented, or held by such person; nor shall anything in this part prohibit any regular employee or official of any person, corporation, agency, institution, or other entity from engaging in professional or other forestry practices on lands owned, leased, rented, or held by such person, corporation, agency, or other entity; nor shall anything in this part prohibit any graduate of a school of forestry from practicing forestry under supervision as authorized in Code Section
12-6-49
so as to qualify for licensing as provided in that Code section.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 6 - FOREST RESOURCES AND OTHER PLANT LIFE (§§ 12-6-1 — 12-6-257) › Article 1 - FOREST RESOURCES (§§ 12-6-1 — 12-6-149) › Part 2 - PRACTICE OF PROFESSIONAL FORESTRY (§§ 12-6-40 — 12-6-63) › Section 12-6-62 - Penalty; authority to prefer charges; immunity of person bringing charges from liability; duty to enforce part; legal assistance by Attorney General

(a)
Any person, firm, or partnership violating any provision of this part shall be guilty of a misdemeanor.
(b)
Any person who:
(1)
Refuses upon request to surrender to the board or any duly authorized agent thereof any license held by such person;
(2)
Presents or attempts to use as his own the license of another;
(3)
Gives any false or forged evidence of any kind to the board or any member thereof in obtaining a license;
(4)
Attempts to use an expired or revoked license; or
(5)
Endorses any documents with his name and license number as provided in Code Section
12-6-52
after the license of the registrant named thereon has expired or has been revoked, unless the license has been renewed or reissued,
shall be guilty of a misdemeanor.
(c)
Any registered forester who endorses any plan, specification, estimate, or map without having actually prepared such plan, specification, estimate, or map or without having been in the actual charge of the preparation thereof shall be guilty of a misdemeanor.
(d)
The board or such person or persons as may be designated by the board to act in its stead is empowered to prefer charges for any of the violations of this part in any court of competent jurisdiction. Where reasonable ground existed to believe or suspect the guilt of the accused, such person bringing charges shall be immune from liability in damages or otherwise, notwithstanding that the accused was acquitted thereof.
(e)
It shall be the duty of all duly constituted officers of the law of this state or of any political subdivision thereof to enforce the provisions of this part and to prosecute any persons, firms, or partnerships violating the same. The Attorney General of the state and his assistants shall act as legal advisor to the board and render such legal assistance as may be necessary in carrying out this part.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 6 - FOREST RESOURCES AND OTHER PLANT LIFE (§§ 12-6-1 — 12-6-257) › Article 1 - FOREST RESOURCES (§§ 12-6-1 — 12-6-149) › Part 3 - FOREST FIRE PREVENTION AND CONTROL (§§ 12-6-80 — 12-6-93) › Section 12-6-80 - Short title

This part shall be known and may be cited as the "Georgia Forest Fire Protection Act."
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 6 - FOREST RESOURCES AND OTHER PLANT LIFE (§§ 12-6-1 — 12-6-257) › Article 1 - FOREST RESOURCES (§§ 12-6-1 — 12-6-149) › Part 3 - FOREST FIRE PREVENTION AND CONTROL (§§ 12-6-80 — 12-6-93) › Section 12-6-81 - Legislative purpose

The General Assembly, recognizing that the forest lands and resources of the state are a natural resource of great economic value to the citizens of the state, comprising two-thirds of the state's area, or 24 million acres, and giving employment to over 177,000 Georgia citizens and bringing to the state a $19.5 billion economic impact; that uncontrolled forest fires threaten not only lands on which they occur, but also the health of the lands and the citizens of the state; that the present and potential production of forest products are materially menaced and reduced through recurring uncontrolled forest fires, thereby resulting in loss to owners of forest lands, industries, workers, and communities; that it is of vital importance to the state to protect and develop forest lands for the continuous production of forest products; and that this cannot be accomplished without organized and coordinated state-wide protection, declares that protection against uncontrolled fire and preservation of the forest lands and forest resources of the state are essential for the economic welfare of the state and its people and further declares that prescribed burning is an effective method of reducing fuel loads and the potential hazards and impact associated with uncontrolled fires.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 6 - FOREST RESOURCES AND OTHER PLANT LIFE (§§ 12-6-1 — 12-6-257) › Article 1 - FOREST RESOURCES (§§ 12-6-1 — 12-6-149) › Part 3 - FOREST FIRE PREVENTION AND CONTROL (§§ 12-6-80 — 12-6-93) › Section 12-6-82 - Definitions

As used in this part, the term:
(1)
"Forest fire" means any fire burning uncontrolled on any forest land covered wholly or in part by timber, brush, grass, or other flammable material.
(2)
"Forest lands" means all lands which are situated outside of corporate limits and which have enough forest growth, either standing or down, or have sufficient flammable debris or grass, to constitute, in the judgment of the State Forestry Commission, a menace to such lands or adjoining lands.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 6 - FOREST RESOURCES AND OTHER PLANT LIFE (§§ 12-6-1 — 12-6-257) › Article 1 - FOREST RESOURCES (§§ 12-6-1 — 12-6-149) › Part 3 - FOREST FIRE PREVENTION AND CONTROL (§§ 12-6-80 — 12-6-93) › Section 12-6-83 - Direction and supervision by State Forestry Commission of forest fire protection work; making and enforcing rules and regulations

All forest fire protection work shall be under the direction and supervision of the State Forestry Commission, through the director of the commission, subject to this part and the laws of this state relative to forestry and forest fire prevention and suppression. The commission shall have power to make and enforce all rules and regulations necessary for the administration of forest fire protection.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 6 - FOREST RESOURCES AND OTHER PLANT LIFE (§§ 12-6-1 — 12-6-257) › Article 1 - FOREST RESOURCES (§§ 12-6-1 — 12-6-149) › Part 3 - FOREST FIRE PREVENTION AND CONTROL (§§ 12-6-80 — 12-6-93) › Section 12-6-84 - Entry upon land for fire-prevention purposes or investigations

The members of the State Forestry Commission and any of its authorized agents or anyone acting at their direction shall have the right at any or all times to go upon any land for the purpose of preventing, controlling, or suppressing forest fires, as defined in Code Section
12-6-82
, or for the purpose of making investigations, without incurring liability for trespassing.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 6 - FOREST RESOURCES AND OTHER PLANT LIFE (§§ 12-6-1 — 12-6-257) › Article 1 - FOREST RESOURCES (§§ 12-6-1 — 12-6-149) › Part 3 - FOREST FIRE PREVENTION AND CONTROL (§§ 12-6-80 — 12-6-93) › Section 12-6-85 - Fire protection units

The State Forestry Commission shall divide the state into fire protection units which will provide efficient and economical fire protection within the unit area. Such units will comprise one or more counties or portions of counties.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 6 - FOREST RESOURCES AND OTHER PLANT LIFE (§§ 12-6-1 — 12-6-257) › Article 1 - FOREST RESOURCES (§§ 12-6-1 — 12-6-149) › Part 3 - FOREST FIRE PREVENTION AND CONTROL (§§ 12-6-80 — 12-6-93) › Section 12-6-86 - Unit forestry boards - Creation; appointment; qualifications; terms of office; vacancies; service by members without compensation

(a)
In the discretion of the State Forestry Commission, there may be set up in each fire protection unit a board to be known as the unit forestry board, consisting of five members who shall be appointed by the State Forestry Commission.
(b)
The State Forestry Commission shall determine the number of members from each county within the fire protection unit to be appointed to the board in accordance with the percentage of forest land acreage for each county within the unit.
(c)
The members of the board shall be residents of the county from which they are appointed and shall be owners of forest land or representatives of such owners. Change of residence from the county shall terminate the appointment.
(d)
The initial term of the members of all of the unit forestry boards shall be one member for one year, one member for two years, one member for three years, one member for four years, and one member for five years, each member holding office until his successor is appointed. After the expiration of the first term, one member shall be appointed annually for a term of five years.
(e)
In case of a vacancy on the unit forestry board by reason of death, resignation, or otherwise, such vacancy shall be filled for the unexpired term in the same manner as provided for the appointment of members thereof.
(f)
The members of the unit forestry boards shall serve without compensation.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 6 - FOREST RESOURCES AND OTHER PLANT LIFE (§§ 12-6-1 — 12-6-257) › Article 1 - FOREST RESOURCES (§§ 12-6-1 — 12-6-149) › Part 3 - FOREST FIRE PREVENTION AND CONTROL (§§ 12-6-80 — 12-6-93) › Section 12-6-87 - Unit forestry boards - Duties

The duties of the unit forestry board shall be to assist in the efficient performance of this part and in the general conduct of the forestry program in the fire protection unit.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 6 - FOREST RESOURCES AND OTHER PLANT LIFE (§§ 12-6-1 — 12-6-257) › Article 1 - FOREST RESOURCES (§§ 12-6-1 — 12-6-149) › Part 3 - FOREST FIRE PREVENTION AND CONTROL (§§ 12-6-80 — 12-6-93) › Section 12-6-88 - Unit forestry boards - Annual forest fire protection plans appropriation of funds for public information campaign

The State Forestry Commission shall prepare for each unit forestry board a plan for forest fire protection for the fiscal year and shall present such plan at a meeting of the board prior to July 1 of each year. It is the intent of the General Assembly that funds be appropriated to the State Forestry Commission each year to provide a public information campaign as provided in Code Section
12-6-149
and for prescribed fire training throughout the state.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 6 - FOREST RESOURCES AND OTHER PLANT LIFE (§§ 12-6-1 — 12-6-257) › Article 1 - FOREST RESOURCES (§§ 12-6-1 — 12-6-149) › Part 3 - FOREST FIRE PREVENTION AND CONTROL (§§ 12-6-80 — 12-6-93) › Section 12-6-89 - "Extreme forest fire emergency" defined; authority of Governor, forestry investigators, and peace officers in emergency; advice by director to Governor as to existence of emergency

(a)
As used in this Code section, "extreme forest fire emergency" means a condition whereby forest fires within the state are of such number, size, severity, and intensity that they cannot be controlled by the existing facilities of the State Forestry Commission and are endangering life and property.
(b)
The Governor shall have authority to declare and determine the existence and termination of such emergency and, by order, rule, or regulation, to prohibit hunting, fishing, camping, or picnicking in any woods or lands of the state, or to prohibit the entering of such woods or lands for any other purposes which might cause a fire hazard or endanger the life or property of any person within such area. The Governor may direct and commandeer all state agencies and personnel to assist the State Forestry Commission in such emergency by executive order.
(c)
Forestry investigators and any and all other peace officers of this state, or of any county or municipality thereof, shall have authority to make arrests for violation of any order, rule, or regulation made pursuant to a declaration of extreme forest fire emergency. Any person who violates any such order, rule, or regulation shall be guilty of a misdemeanor.
(d)
The director of the State Forestry Commission will notify the Governor from time to time what situation, in his judgment, constitutes an extreme forest fire emergency.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 6 - FOREST RESOURCES AND OTHER PLANT LIFE (§§ 12-6-1 — 12-6-257) › Article 1 - FOREST RESOURCES (§§ 12-6-1 — 12-6-149) › Part 3 - FOREST FIRE PREVENTION AND CONTROL (§§ 12-6-80 — 12-6-93) › Section 12-6-91 - Controlled burning by owners over own forest land

Unless prohibited by the director of the State Forestry Commission pursuant to the provisions of Code Section
12-6-17
, the owners of any forest land may accomplish controlled burning over their own land when a permit therefor is obtained pursuant to the requirements of Code Section
12-6-90
and the fire is not allowed to spread onto or over the land of another or others.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 6 - FOREST RESOURCES AND OTHER PLANT LIFE (§§ 12-6-1 — 12-6-257) › Article 1 - FOREST RESOURCES (§§ 12-6-1 — 12-6-149) › Part 3 - FOREST FIRE PREVENTION AND CONTROL (§§ 12-6-80 — 12-6-93) › Section 12-6-92 - Vesting of title to property in State Forestry Commission

The title to all property already acquired or which may be acquired incidental to carrying out this part shall be vested in the State Forestry Commission.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 6 - FOREST RESOURCES AND OTHER PLANT LIFE (§§ 12-6-1 — 12-6-257) › Article 1 - FOREST RESOURCES (§§ 12-6-1 — 12-6-149) › Part 3 - FOREST FIRE PREVENTION AND CONTROL (§§ 12-6-80 — 12-6-93) › Section 12-6-93 - Appropriations; agreements between State Forestry Commission and counties; taxation by counties for fire protection

(a)
The funds required to carry out this part and provide for the coordinated protection of uncontrolled fire on all forest lands in the State of Georgia may be provided from annual appropriations made by the General Assembly for this purpose.
(b)
In the event any county desires forest fire protection, the county shall enter into an agreement with the State Forestry Commission, and such agreement shall provide for the payment to the commission of an amount reasonably related to the actual cost of providing forest fire protection. Such amount shall be calculated per forest acre of privately owned forest land. Forest acres of privately owned land shall be based upon the most recent United States Forest Service survey for Georgia.
(c)
Any agreement in existence on July 1, 2010, between a county and the commission providing for a different percentage or amount of payment shall be changed so as to provide for the payment of an amount reasonably related to the actual cost of providing forest fire protection. Such amount shall be calculated per forest acre.
(d)
Any county may levy a tax to provide the additional funds required for fire protection under this part.
Amended by 2010 Ga. Laws 360,§ 1-33, eff. 5/12/2010.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 6 - FOREST RESOURCES AND OTHER PLANT LIFE (§§ 12-6-1 — 12-6-257) › Article 1 - FOREST RESOURCES (§§ 12-6-1 — 12-6-149) › Part 4 - FORESTRY RESEARCH (§§ 12-6-110 — 12-6-113) › Section 12-6-110 - Powers and duties of State Forestry Commission as to forestry research

The State Forestry Commission shall have the following duties and powers:
(1)
To investigate subjects or methods, means, and ways of carrying out such forestry research as it may determine most desirable or necessary in any phase of forestry, or any research which would benefit the promotion of forestry in the State of Georgia, or which would be for the benefit of any industry either privately owned or owned by federal or state governments, or any subdivision thereof;
(2)
To promote and assist in the publicizing of the result of any research connected with any phase of forestry. The commission shall cooperate with, and is specifically authorized to counsel and advise, any entity having duties, powers, or objectives similar to or related to those of the commission, including but not limited to any private industry, any agency or agencies of the federal government, this state, other states, and any local governments;
(3)
To coordinate all forestry research in the State of Georgia and to see that there is no duplication of research by any agency of the state with any research by the federal government, any county, municipality, or local government, any board, bureau, commission, or any other organization, public or private. The commission shall investigate and determine what forestry research is being carried on by any of the entities listed in this paragraph and shall use the results of this investigation to advise and furnish information to any other entity engaged in forestry research; and
(4)
To designate any agency of the state or federal government, or any subdivision thereof, or any other organization which is organized for the purpose of and engaged in forestry research, to carry out any research or experiment in connection with forestry which the commission deems to have the best facilities or to be otherwise best suited for carrying out the particular research or experiment. The commission may, from its funds provided for in this part, allocate to such agency or organization such amount as it deems necessary for such particular research or experiment.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 6 - FOREST RESOURCES AND OTHER PLANT LIFE (§§ 12-6-1 — 12-6-257) › Article 1 - FOREST RESOURCES (§§ 12-6-1 — 12-6-149) › Part 4 - FORESTRY RESEARCH (§§ 12-6-110 — 12-6-113) › Section 12-6-111 - Employment by State Forestry Commission of assistants and other employees

The State Forestry Commission shall have the power to employ such assistants, technical, clerical, or otherwise, and such other employees as the commission in the exercise of its discretion shall deem necessary or proper to the effectual discharge of the duties and the exercise of the powers of the commission enumerated in this part. The commission shall have the power to fix, prescribe, and change the compensation and duties of any such employees.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 6 - FOREST RESOURCES AND OTHER PLANT LIFE (§§ 12-6-1 — 12-6-257) › Article 1 - FOREST RESOURCES (§§ 12-6-1 — 12-6-149) › Part 4 - FORESTRY RESEARCH (§§ 12-6-110 — 12-6-113) › Section 12-6-112 - Appropriations, grants, or gifts to State Forestry Commission for forestry research

(a)
For carrying out any of the objectives stated in Code Section
12-6-110
, the State Forestry Commission may accept appropriations, grants, or gifts from the federal government; the state government; any county, municipal, or local government; any board, bureau, commission, agency, or establishment of any such government; any other organizations, public or private; and any individual or groups of individuals or corporations. Such grants or gifts shall be held and administered subject to this part.
(b)
Appropriations for research conducted by or through the State Forestry Commission for the purposes stated in this part shall be specified in the "General Appropriations Act" as a separate line item appropriation under the State Forestry Commission. Any funds in such line item appropriation shall be allocated to research projects selected by the State Forestry Commission and the director of the State Forestry Commission.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 6 - FOREST RESOURCES AND OTHER PLANT LIFE (§§ 12-6-1 — 12-6-257) › Article 1 - FOREST RESOURCES (§§ 12-6-1 — 12-6-149) › Part 4 - FORESTRY RESEARCH (§§ 12-6-110 — 12-6-113) › Section 12-6-113 - through 12-6-118 - [Repealed]

Repealed by 2001 Ga. Laws 280, § 4, eff. 7/1/2001.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 6 - FOREST RESOURCES AND OTHER PLANT LIFE (§§ 12-6-1 — 12-6-257) › Article 1 - FOREST RESOURCES (§§ 12-6-1 — 12-6-149) › Part 5 - [Repealed and Reserved] HERTY ADVANCED MATERIALS DEVELOPMENT CENTER [See now Code Section 20-3-73.3] (§ 12-6-130) › Section 12-6-130 - through 12-6-139 - [Repealed and Reserved]

Reserved. Redesignated by § Ga. L. 2012, p. 375, 1/SB 396, effective July 1, 2012.
Repealed by 2012 Ga. Laws 626,§ 2, eff. 7/1/2012.
Amended by 2006 Ga. Laws 542,§ 1 - 8, eff. 7/1/2006.
Amended by 2005 Ga. Laws 333,§ 9, eff. 7/1/2005.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 6 - FOREST RESOURCES AND OTHER PLANT LIFE (§§ 12-6-1 — 12-6-257) › Article 1 - FOREST RESOURCES (§§ 12-6-1 — 12-6-149) › Part 6 - PRESCRIBED BURNING (§§ 12-6-145 — 12-6-149) › Section 12-6-145 - Short title

This part shall be known and may be cited as the "Georgia Prescribed Burning Act."
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 6 - FOREST RESOURCES AND OTHER PLANT LIFE (§§ 12-6-1 — 12-6-257) › Article 1 - FOREST RESOURCES (§§ 12-6-1 — 12-6-149) › Part 6 - PRESCRIBED BURNING (§§ 12-6-145 — 12-6-149) › Section 12-6-146 - Legislative findings and purpose

(a)
It is declared by the General Assembly that prescribed burning is a resource protection and land management tool which benefits the safety of the public, Georgia's forest resources, the environment, and the economy of the state. The General Assembly finds that:
(1)
Prescribed burning reduces naturally occurring vegetative fuels within forested areas. Reduction of such fuels by burning reduces the risk and severity of major wildfire, thereby lessening the threat of fire and the resulting loss of life and property;
(2)
Georgia's ever-increasing population situates urban development directly adjacent to fire prone forest lands. The use of prescribed fire to manage fuels in interface areas would substantially reduce the threat of damaging wildfire in urban communities;
(3)
Forest land constitutes significant economic, biological, and aesthetic resources of state-wide importance. Prescribed burning on forest land serves to reduce hazardous accumulations of fuels, prepare sites for both natural and artificial forest regeneration, improve wildlife habitat, control insects and disease, and perpetuate fire dependent ecosystems;
(4)
State and federally owned public use lands such as state parks, state and national forests, and wildlife refuges receive resource enhancement through use of prescribed burning;
(5)
As Georgia's population continues to grow, pressures from liability issues and smoke nuisance complaints cause prescribed burn practitioners to limit prescribed burn activity, thus reducing the above-mentioned benefits to the state;
(6)
Public misunderstanding of the benefit of prescribed burning to the ecological and economic welfare of the state exerts unusual pressures that prevent uninhibited use of this valuable forest resource management tool; and
(7)
Fire benefits rare, threatened, and endangered plants, deer, turkey, quail, dove, and other game as well as numerous songbirds and other nongame species by the increased growth and yields of herbs and legumes. It also allows openings for feeding and travel.
(b)
It is the purpose of this part to authorize and promote the continued use of prescribed burning for community protection, silvicultural, environmental, and wildlife management purposes.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 6 - FOREST RESOURCES AND OTHER PLANT LIFE (§§ 12-6-1 — 12-6-257) › Article 1 - FOREST RESOURCES (§§ 12-6-1 — 12-6-149) › Part 6 - PRESCRIBED BURNING (§§ 12-6-145 — 12-6-149) › Section 12-6-147 - Definitions

As used in this part, the term:
(1)
"Commission" means the State Forestry Commission.
(2)
"Prescribed burning" means the controlled application of fire to existing vegetative fuels under specified environmental conditions and following appropriate precautionary measures, which causes the fire to be confined to a predetermined area and accomplishes one or more planned land management objectives or to mitigate catastrophic wildfires.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 6 - FOREST RESOURCES AND OTHER PLANT LIFE (§§ 12-6-1 — 12-6-257) › Article 1 - FOREST RESOURCES (§§ 12-6-1 — 12-6-149) › Part 6 - PRESCRIBED BURNING (§§ 12-6-145 — 12-6-149) › Section 12-6-148 - Requirements for prescribed burning; limitation on liability

(a)
Prescribed burning conducted under the requirements of this part shall:
(1)
Be accomplished only when an individual with previous prescribed burning experience or training is in charge of the burn and is present on site until the fire is adequately confined to reasonably prevent escape of the fire from the area intended to be burned;
(2)
Be considered in the public interest and shall not create a public or private nuisance;
(3)
Be considered a property right of the landowner; and
(4)
Be conducted in accordance with a permit issued under Part 3 of this article.
(b)
No property owner or owner's agent conducting an authorized prescribed burn under this part shall be liable for damages or injury caused by fire or resulting smoke unless it is proven that there was gross negligence in starting, controlling, or completing the burn.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 6 - FOREST RESOURCES AND OTHER PLANT LIFE (§§ 12-6-1 — 12-6-257) › Article 1 - FOREST RESOURCES (§§ 12-6-1 — 12-6-149) › Part 6 - PRESCRIBED BURNING (§§ 12-6-145 — 12-6-149) › Section 12-6-149 - Fire manager program authorized; record-keeping requirements; public information campaign

(a)
The commission may promulgate a certified prescribed fire manager program whereby practitioners may become qualified and registered under this part.
(b)
The commission shall utilize the same or similar record-keeping requirements of Part 3 of this article, the "Georgia Forest Fire Protection Act," to reflect the use of prescribed burning under this part.
(c)
The commission shall, subject to sufficient funding, institute a public information campaign in an effort to reveal the benefits of prescribed burning to the general public.
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 12-6-150 - Short title

This article shall be known and may be cited as the "Ginseng Protection Act of 1979."
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 12-6-151 - Definitions

As used in this article, the term:
(1)
"Commissioner" means the commissioner of natural resources.
(2)
"Ginseng (Panax quinquefolium L.)" means a single stemmed plant arising from a cylindrical root, with prongs (compound leaves) attached to the stem. Each prong is divided into three to seven leaflets. The flower of the plant is green and is located at the leaf petiole. The fruit is a cluster of red berries.
(3)
"Ginseng dealer" means any person who purchases ginseng for the purpose of resale.
(4)
"Grower" means any person who cultivates ginseng for purposes of sale or export from this state or both.
(5)
"Harvest" means to cut, dig, pull up, or otherwise remove a plant or its seed from its habitat.
(6)
"Person" means any individual, partnership, firm, corporation, association, or other entity.
(7)
"Purchase" means to acquire, obtain, or receive, or to attempt to acquire, obtain, or receive, by exchange of money or other valuable consideration. This term specifically includes barter or exchange.
(8)
"Sell" means to dispose of, transfer, or convey, or to attempt to dispose of, transfer, or convey, by exchange of money or other valuable consideration. This term specifically includes barter or exchange.