reglab/statecodes huggingface dataset:
Compilation of Rules and Regulations of the State of Georgia › Department 379 - GRANT PROGRAM DESCRIPTION FOR GEORGIA COMMISSION FOR NATIONAL AND COMMUNITY SERVICES › ADMINISTRATIVE HISTORY

Current through Rules and Regulations filed through June 27, 2024
Chapter 379-1 entitled "AmeriCorps Grant Program and
			 Community-Based Learn and Serve America Programs," containing  379-1-.01  to
			  379-1-.07  submitted July 7, 1994.
Grant Chapter 379-1 terminated September 14,
			 2006.
Compilation of Rules and Regulations of the State of Georgia › Department 391 - RULES OF GEORGIA DEPARTMENT OF NATURAL RESOURCES › Chapter 391-1 - ADMINISTRATION › Subject 391-1-1 - ORGANIZATION AND PUBLIC PARTICIPATION › Rule 391-1-1-.01 - Organization

Current through Rules and Regulations filed through June 27,
				2024
(1) The Board of
				Natural Resources is a Constitutional Board, empowered by law to establish the
				general policies to be followed by the Department of Natural
				Resources.
(2) The Board appoints
				and removes (subject to the approval of the Governor) the Commissioner of
				Natural Resources and the Director of the Environmental Protection Division.
				The Board sets out the general policy under which the Commissioner supervises,
				directs, accounts for, organizes, plans, administers and executes all the
				respective statutory functions of the Department and the Divisions, and under
				which the Director of the Environmental Protection Division supervises,
				directs, accounts for, organizes, plans and executes the respective statutory
				functions of the Environmental Protection Division.
(3) As organized by the Commissioner, the
				Department consists of the Commissioner's Office and five operating Divisions:
				Wildlife Resources; Parks, Recreation and Historic Sites; Coastal Resources;
				Law Enforcement; and Environmental Protection (created by statute). The
				directors of the Divisions other than Environmental Protection are appointed by
				the Commissioner, subject to the approval of the Board.
O.C.G.A.
				  §§
											12-2-1,
				  12-2-2,
				  12-2-24,
				  50-13-3
				  .
Compilation of Rules and Regulations of the State of Georgia › Department 391 - RULES OF GEORGIA DEPARTMENT OF NATURAL RESOURCES › Chapter 391-1 - ADMINISTRATION › Subject 391-1-1 - ORGANIZATION AND PUBLIC PARTICIPATION › Rule 391-1-1-.02 - Repealed

Current through Rules and Regulations filed through June 27,
				2024
O.C.G.A. Secs.
				  12-2-24,
				  50-13-3.
Compilation of Rules and Regulations of the State of Georgia › Department 391 - RULES OF GEORGIA DEPARTMENT OF NATURAL RESOURCES › Chapter 391-1 - ADMINISTRATION › Subject 391-1-1 - ORGANIZATION AND PUBLIC PARTICIPATION › Rule 391-1-1-.04 - Method of Obtaining Information from, Making Submissions to or Requests of the Department

Current through Rules and Regulations
				filed through June 27, 2024
(1) General Information concerning the
				Department's operations may be obtained from 2 Martin Luther King, Jr. Drive,
				S.E., Suite 1252 East, Atlanta, Georgia 30334-9000.
(2) More specific requests for information or
				submissions may be directed as follows:
(a)
				For licenses - fishing and hunting, 2065 U.S. Highway 278, S.E., Social Circle,
				Georgia 30025.
(b) For boat
				registration - 2065 U.S. Highway 278, S.E., Social Circle, Georgia
				30025.
(c) For coastal information
				- One Conservation Way, Suite 300, Brunswick, Georgia 31520-8687.
(d) For environmental information - 2 Martin
				Luther King, Jr. Drive, S.E., Suite 1152 East, Atlanta, Georgia
				30334-9000.
(e) For state parks and
				historic sites information - 2600 Highway 155, S.W., Stockbridge, Georgia
				30281.
(f) For archaeological
				information - 2610 Highway 155, S.W., Stockbridge, Georgia 30281.
Compilation of Rules and Regulations of the State of Georgia › Department 391 - RULES OF GEORGIA DEPARTMENT OF NATURAL RESOURCES › Chapter 391-1 - ADMINISTRATION › Subject 391-1-1 - ORGANIZATION AND PUBLIC PARTICIPATION › Rule 391-1-1-.05 - Procedure to Petition for Adoption of Rules

Current through Rules
				and Regulations filed through June 27, 2024
(1) Any interested person desiring to
				petition the Board of Natural Resources requesting the promulgation, amendment
				or repeal of a rule shall submit three copies of the petition, in writing, to
				the Commissioner, Department of Natural Resources, 2 Martin Luther King, Jr.
				Drive, S.E., Suite 1252 East, Atlanta, Georgia 30334-9000. No special form of
				petition shall be required but the petition shall state fully the rule
				involved, the reason for the desired change, any parties who it is known will
				be affected by the change, and any additional facts known to the petitioner
				which might influence the decision of the Board to initiate or not initiate
				rulemaking.
(2) The Board shall act
				upon the petition as prescribed in O.C.G.A. Section
				50-13-9.
O.C.G.A. Secs.
				  50-13-9,
				  50-13-11.
Compilation of Rules and Regulations of the State of Georgia › Department 391 - RULES OF GEORGIA DEPARTMENT OF NATURAL RESOURCES › Chapter 391-1 - ADMINISTRATION › Subject 391-1-1 - ORGANIZATION AND PUBLIC PARTICIPATION › Rule 391-1-1-.06 - Procedure for Declaratory Rulings

Current through Rules and
				Regulations filed through June 27, 2024
(1) Any person wishing to file a petition for
				a declaratory ruling as to the applicability of a statute or rule or order
				shall submit three copies of the petition, in writing, to the Commissioner,
				Department of Natural Resources, 2 Martin Luther King, Jr. Drive, S.E., Suite
				1252 East, Atlanta, Georgia 30334-9000.
(2) The petition shall state all the facts,
				including the names of those parties involved in the fact situation, and shall
				include a statement of the legal issue sought to be resolved. A declaratory
				ruling will not be issued on a hypothetical fact situation, and any ruling
				requested must affect a specific fact situation and specific parties, including
				the person or persons requesting the ruling. If the parties involved in the
				fact situation include persons in addition to the person or persons requesting
				the ruling, the person or persons requesting the ruling shall serve a copy of
				the petition upon such additional persons by personal delivery or by mail.
				Service by mail shall be complete upon mailing by first class mail, with proper
				postage attached, to such person. Every submission shall be accompanied either
				by an acknowledgment of service from the person served, or his authorized agent
				for service, or by a certificate of service stating the date, place, and manner
				of service, and the name and address of the persons served. Any person,
				including the additional parties served, may seek to participate in a
				declaratory ruling proceeding in the manner and under the standards provided by
				O.C.G.A. Section
				50-13-14.
(3) The individual or entity within the
				Department of Natural Resources responsible for enforcing the statute or rule
				will be assigned the petition for a declaratory ruling and shall issue a ruling
				thereon as promptly as possible. In doing so, the individual or entity may seek
				the opinion of the Attorney General.
(4) A ruling disposing of a petition for a
				declaratory ruling shall have the same status as an administrative law judge
				decision or order in a contested case.
O.C.G.A. Sec.
				  50-13-11
				  .
Compilation of Rules and Regulations of the State of Georgia › Department 391 - RULES OF GEORGIA DEPARTMENT OF NATURAL RESOURCES › Chapter 391-1 - ADMINISTRATION › Subject 391-1-1 - ORGANIZATION AND PUBLIC PARTICIPATION › Rule 391-1-1-.07 - Repeal of Asbestos Licsnsing Board Rules

Current through Rules
				and Regulations filed through June 27, 2024
The Asbestos Licensing Board was abolished by Act No. 614 of
				  the 1996 Session of the General Assembly (Ga. Laws 1996, Page 238) and certain
				  functions of the Asbestos Licensing Board were transferred by said Act to the
				  Board of Natural Resources. The Board of Natural Resources has enacted its own
				  rules to carry out those transferred functions which rules are found in Chapter
				  391-3-14. The rules of the Asbestos Licensing Board published by the Secretary
				  of State as Chapters 52-1 through 52-7 of the Official Rules of the State of
				  Georgia are hereby repealed.
O.C.G.A. Secs.
				  12-2-4,
				  12-2-24.
Compilation of Rules and Regulations of the State of Georgia › Department 391 - RULES OF GEORGIA DEPARTMENT OF NATURAL RESOURCES › Chapter 391-1 - ADMINISTRATION › Subject 391-1-2 - PROCEDURES FOR DISPOSITION OF CONTESTED CASES › Rule 391-1-2-.01 - Definitions

Current through Rules and Regulations filed through June 27,
				2024
As used in this Chapter, the term:
(a) "Decision Maker" means the individual or
				entity within DNR that took or proposed the action to be reviewed under this
				Chapter. The term Decision Maker includes, without limitation, the CMPC, the
				Commissioner, the Director and the SAC.
(b) "ALJ" means an Administration Law Judge
				appointed by the Board.
(c) "APA"
				means the Georgia Administration Procedure Act (O.C.G.A. Title 50, Chapter
				13).
(d) "Board" means the Board of
				Natural Resources.
(e) "Clerk"
				means the Administrative Hearing Clerk.
(f) "CMPC" means the Coastal Marshlands
				Protection Committee.
(g)
				"Commissioner" means the Commissioner of Natural Resources.
(h) "CPA" means the Civil Practice Act
				(O.C.G.A. Title 9, Chapter 11).
(i)
				"Director" means the Director of the Environmental Protection Division of
				DNR.
(j) "DNR" means the Georgia
				Department of Natural Resources.
(k) "SAC" means the Shore Assistance
				Committee.
(l) "Attorney General"
				means the Attorney General of the State of Georgia.
(m) "Person" means any individual,
				partnership, firm, corporation, association, or other entity.
O.C.G.A. Sec.
				  50-13-22
				  .
Compilation of Rules and Regulations of the State of Georgia › Department 391 - RULES OF GEORGIA DEPARTMENT OF NATURAL RESOURCES › Chapter 391-1 - ADMINISTRATION › Subject 391-1-2 - PROCEDURES FOR DISPOSITION OF CONTESTED CASES › Rule 391-1-2-.02 - Applicability and Scope of These Rules

Current through Rules and
				Regulations filed through June 27, 2024
(1) The Rules in this Chapter govern all
				formal hearings in "contested cases," as that term is defined in the APA, which
				are conducted before an ALJ. An ALJ shall afford a liberal construction of
				these rules insofar as they are applied to cases wherein petitioners or
				respondents are unable to be represented by counsel.
(2) An ALJ shall hear all contested cases
				arising under the following laws:
(a) The
				Game and Fish Code (O.C.G.A. Title 27).
(b) The Coastal Marshlands Protection Act of
				1970 (O.C.G.A. Title 12, Chapter 5, Article 4, Part 4).
(c) The Shore Assistance Act of 1979
				(O.C.G.A. Title 12, Chapter 5, Article 4, Part 2).
(d) The Oil and Gas and Deep Drilling Act of
				1975 (O.C.G.A. Title 12, Chapter 4, Article 2, Part 2).
(e) The Georgia Surface Mining Act of 1968
				(O.C.G.A. Title 12, Chapter 4, Article 2, Part 3).
(f) The Solid Waste Management Act (O.C.G.A.
				Title 12, Chapter 8 Article 2).
(g)
				The Georgia Air Quality Act of 1978 (O.C.G.A. Title 12, Chapter 9)
(h) The Georgia Hazardous Waste Management
				Act (O.C.G.A. Title 12, Chapter 8, Article 3).
(i) The Georgia Water Quality Control Act
				(O.C.G.A Title 12, Chapter 5, Article 2).
(j) The Ground Water Use Act of 1972
				(O.C.G.A. Title 12, Chapter 5, Article 3, Part 2).
(k) The Georgia Safe Drinking Water Act of
				1977 (O.C.G.A. Title 12, Chapter 5, Article 3, Part 5).
(l) The Georgia Safe Dams Act of 1978
				(O.C.G.A. Title 12, Chapter 5, Article 5, Part 3).
(m) The Erosion and Sedimentation Act of 1975
				(O.C.G.A. Title 12, Chapter 7).
(n)
				The Metropolitan River Protection Act (O.C.G.A. Title 12, Chapter 5, Article 5,
				Part 6).
(o) The Georgia Asbestos
				Safety Act (O.C.G.A. Title 12, Chapter 12).
(p) All other laws providing for the Review
				by an ALJ of any decision, order or action.
Compilation of Rules and Regulations of the State of Georgia › Department 391 - RULES OF GEORGIA DEPARTMENT OF NATURAL RESOURCES › Chapter 391-1 - ADMINISTRATION › Subject 391-1-2 - PROCEDURES FOR DISPOSITION OF CONTESTED CASES › Rule 391-1-2-.03 - Petitions for Hearing; Time for Filing of Same

Current through Rules
				and Regulations filed through June 27, 2024
Petitions for hearing in contested cases shall be in writing
				  and shall be filed in the manner and within the time required by applicable law
				  or Rule.
O.C.G.A. Secs.
				  50-13-3,
				  50-13-22.
Compilation of Rules and Regulations of the State of Georgia › Department 391 - RULES OF GEORGIA DEPARTMENT OF NATURAL RESOURCES › Chapter 391-1 - ADMINISTRATION › Subject 391-1-2 - PROCEDURES FOR DISPOSITION OF CONTESTED CASES › Rule 391-1-2-.04 - Filing of Petitions for Hearing

Current through Rules and
				Regulations filed through June 27, 2024
(1) An original and three copies of all
				petitions for hearing in contested cases shall be filed on 8 1/2 by 11 inch
				paper with the Decision Maker. Submissions shall be deemed filed on the date on
				which they are received by the Decision Maker, c/o Commissioner of Natural
				Resources, 2 Martin Luther King, Jr. Drive, S.E., Suite 1252 East, Atlanta,
				Georgia 30334-9000, or when mailed by first class mail, with proper postage
				attached, and properly addressed directly to the Decision Maker, whichever date
				comes first. The petitioner shall simultaneously serve a copy of such petition
				by certified mail or personal service upon the Attorney General, and, if
				applicable, upon the persons or entity to whom the permit or license was
				issued.
(2) The office hours of the
				Decision Maker shall be 8:00 a.m. to 4:30 p.m., Monday through Friday, except
				State legal holidays.
(3) All
				submissions shall meet the applicable requirements of the OSAH Rules, Chapter
				616-1-2, and of Rule
				391-1-2-.06 below.
(4) Failure to comply with this Rule or any
				other requirement of this Chapter relating to form or content of submissions to
				be filed may result in the non-complying portions of the submission being
				excluded from consideration. If the Decision Maker or the Attorney General
				determines that a submission fails to meet any requirement of this Chapter, the
				Decision Maker may return the submission by mail together with a reference to
				the applicable Rule(s). A party whose submission has been returned shall have
				10 days from the date the submission is mailed back by the Decision Maker
				within which to conform the submission to the applicable Rule(s) and refile it
				with the Decision Maker.
O.C.G.A. Secs.
				  50-13-3,
				  50-13-22.
Compilation of Rules and Regulations of the State of Georgia › Department 391 - RULES OF GEORGIA DEPARTMENT OF NATURAL RESOURCES › Chapter 391-1 - ADMINISTRATION › Subject 391-1-2 - PROCEDURES FOR DISPOSITION OF CONTESTED CASES › Rule 391-1-2-.05 - Content of Petitions for Hearing

Current through Rules and
				Regulations filed through June 27, 2024
(1) A petition for hearing on the grant or
				denial of a permit or license shall contain:
(a) A copy of the license or permit of which
				review is sought.
(b) A statement
				of the legal authority and jurisdiction under which a hearing is
				requested;
(c) A short and plain
				statement of the factual matters asserted;
(d) A statement of each specific section
				(including subsection and paragraph if applicable) of the laws or rules
				involved in any questions of law;
(e) The name and current mailing address of
				the petitioner's counsel;
(f) A
				short and plain statement of the nature of the petitioner's interest in the
				matter;
(g) In cases contesting the
				issuance of a license or permit, those suggested permit conditions or
				limitations which the petitioner believes required to implement the provisions
				of the law under which the permit or license was issued; and
(h) In cases contesting conditions,
				limitations or requirements placed on the issuance of a license or permit,
				specific reference to the conditions, limitations or requirements contested, as
				well as suggested revised or alternative permit conditions, limitations or
				requirements which the petitioner believes required to implement the provisions
				of the law under which the permit or license was issued.
Compilation of Rules and Regulations of the State of Georgia › Department 391 - RULES OF GEORGIA DEPARTMENT OF NATURAL RESOURCES › Chapter 391-1 - ADMINISTRATION › Subject 391-1-2 - PROCEDURES FOR DISPOSITION OF CONTESTED CASES › Rule 391-1-2-.06 - Referral of Petitions for Hearing to Office of State Administrative Hearings

Current through Rules and Regulations filed
				through June 27, 2024
Upon receipt of a timely petition for hearing, the Decision
				  Maker shall forward the original and two copies of the petition to the Attorney
				  General along with a request that an OSAH Form 1 be prepared and transmitted
				  along with the petition for hearing to OSAH. Referral of a petition for hearing
				  to OSAH is not a determination that the petition satisfied Rule
				  391-1-2-.04(4)
				  above or that the petitioner is entitled to a hearing. Rather, referral of a
				  petition for hearing to OSAH shall constitute a request that such issues be
				  decided by the ALJ and a hearing conducted pursuant to state law, if
				  appropriate.
O.C.G.A. Sec.
				  50-13-22
				  .
Compilation of Rules and Regulations of the State of Georgia › Department 391 - RULES OF GEORGIA DEPARTMENT OF NATURAL RESOURCES › Chapter 391-1 - ADMINISTRATION › Subject 391-1-2 - PROCEDURES FOR DISPOSITION OF CONTESTED CASES › Rule 391-1-2-.07 - Stay Pending Final Action

Current through Rules and Regulations
				filed through June 27, 2024
(1) Except as otherwise provided by law or
				regulation concerning a specific type of order or action taken by a Decision
				Maker, or by paragraphs (2) and (3) of this rule, any order or action of a
				Decision Maker shall be stayed upon the filing of a petition for review of the
				order or action pursuant to Rule
				391-1-2-.03.
(2) When the filing of the petition is with
				the Director and by a person to whom the order or action is not directed and
				when the order or action involves the grant of a permit, permit amendment or
				variance, the filing shall stay such order or action of the Director only until
				such time as the hearing has been held and for ten days after the
				administrative law judge renders his or her decision on the matter. The hearing
				shall be held and the decision of the administrative law judge shall be
				rendered not later than 90 days after the date of the filing of the petition.
				Such period may be extended for a time certain by order of the administrative
				law judge upon consent of all parties or by order of the administrative law
				judge for good cause shown for a period not to exceed an additional 60
				days.
(3) The following actions
				shall not stay the order or action of a Decision Maker.
(a) The filing of a petition with the
				Director by any person to whom such order or action is not directed in any case
				involving the grant of a permit, permit amendment, or variance by the Director
				regarding water withdrawal for farm uses under Code Section
				12-5-31 or Code Section
				12-5-105.
(b) The filing of a petition for hearing
				contesting any order issued or action taken by the Director pursuant to the
				Georgia Hazardous Site Response Act, O.C.G.A. §
										12-8-90, et. seq. The filing shall
				not stay any further order or action by the Director, or any obligation imposed
				by the Georgia Hazardous Site Response Act, O.C.G.A. §
										12-8-90,
et seq.
,
				or the rules and regulations promulgated pursuant thereto, Department of
				Natural Resources Rules Chapter 391-3-19, except as provided in O.C.G.A. §
										12-8-97(f).
Compilation of Rules and Regulations of the State of Georgia › Department 391 - RULES OF GEORGIA DEPARTMENT OF NATURAL RESOURCES › Chapter 391-1 - ADMINISTRATION › Subject 391-1-2 - PROCEDURES FOR DISPOSITION OF CONTESTED CASES › Rule 391-1-2-.08 - Final Decision

Current through Rules and Regulations filed
				through June 27, 2024
A proposed decision by an ALJ shall not be subject to further
				  review by the Department of Natural Resources or the Board and shall become
				  final without expiration of the 30-day review period provided for in the
				  APA.
O.C.G.A. Sec.
				  50-13-22
				  .
Compilation of Rules and Regulations of the State of Georgia › Department 391 - RULES OF GEORGIA DEPARTMENT OF NATURAL RESOURCES › Chapter 391-1 - ADMINISTRATION › Subject 391-1-2 - PROCEDURES FOR DISPOSITION OF CONTESTED CASES › Rule 391-1-2-.09 - Criteria for Review and for Determining Civil Penalties

Current
				through Rules and Regulations filed through June 27, 2024
In rendering a decision imposing civil penalties, the ALJ
				  shall consider all factors which are relevant including the factors listed
				  below to the extent applicable and not inconsistent with statutory or more
				  specific regulatory provisions.
(a)
				The amount of civil penalty necessary to ensure immediate and continued
				compliance and the extent to which the violator may have profited by failing or
				delaying to comply;
(b) The
				character and degree of impact of the violation or failure on the natural
				resources of the state, especially any rare or unique natural
				phenomena;
(c) The nature of the
				violator's conduct which resulted in the violation in terms and inadvertence,
				negligence, recklessness, or knowing intent;
(d) The conduct of the violator to take
				promptly, or in failing or refusing to take promptly, all feasible steps or
				procedures necessary or appropriate to comply of to correct the violation or
				failure;
(e) Any prior violations
				of, or failures by, such person to comply with statutes, rules, regulations,
				orders, or permits administered, adopted, or issued by a Department of Natural
				Resources Decision Maker;
(f) The
				character and degree of injury to or interference with the reasonable use of
				property which is caused or threatened to be caused by such violation or
				failure; and
(g) The character and
				degree of injury to or interference with public health and safety which is
				caused or threatened to be caused by such violation or failure.
O.C.G.A. Sec.
				  50-13-22
				  .
Compilation of Rules and Regulations of the State of Georgia › Department 391 - RULES OF GEORGIA DEPARTMENT OF NATURAL RESOURCES › Chapter 391-1 - ADMINISTRATION › Subject 391-1-2 - PROCEDURES FOR DISPOSITION OF CONTESTED CASES › Rule 391-1-2-.10 - Repealed

Current through Rules and Regulations filed through June 27,
				2024
O.C.G.A. Sec.
				  50-13-22
				  .
Compilation of Rules and Regulations of the State of Georgia › Department 391 - RULES OF GEORGIA DEPARTMENT OF NATURAL RESOURCES › Chapter 391-1 - ADMINISTRATION › Subject 391-1-2 - PROCEDURES FOR DISPOSITION OF CONTESTED CASES › Rule 391-1-2-.11 - Repealed

Current through Rules and Regulations filed through June 27,
				2024
O.C.G.A. Sec.
				  50-13-22
				  .
Compilation of Rules and Regulations of the State of Georgia › Department 391 - RULES OF GEORGIA DEPARTMENT OF NATURAL RESOURCES › Chapter 391-1 - ADMINISTRATION › Subject 391-1-2 - PROCEDURES FOR DISPOSITION OF CONTESTED CASES › Rule 391-1-2-.12 - Repealed

Current through Rules and Regulations filed through June 27,
				2024
O.C.G.A. Sec.
				  50-13-22
				  .
Compilation of Rules and Regulations of the State of Georgia › Department 391 - RULES OF GEORGIA DEPARTMENT OF NATURAL RESOURCES › Chapter 391-1 - ADMINISTRATION › Subject 391-1-2 - PROCEDURES FOR DISPOSITION OF CONTESTED CASES › Rule 391-1-2-.13 - Repealed

Current through Rules and Regulations filed through June 27,
				2024
O.C.G.A. Sec.
				  50-13-22
				  .
Compilation of Rules and Regulations of the State of Georgia › Department 391 - RULES OF GEORGIA DEPARTMENT OF NATURAL RESOURCES › Chapter 391-1 - ADMINISTRATION › Subject 391-1-2 - PROCEDURES FOR DISPOSITION OF CONTESTED CASES › Rule 391-1-2-.14 - Repealed

Current through Rules and Regulations filed through June 27,
				2024
O.C.G.A. Sec.
				  50-13-22
				  .
Compilation of Rules and Regulations of the State of Georgia › Department 391 - RULES OF GEORGIA DEPARTMENT OF NATURAL RESOURCES › Chapter 391-1 - ADMINISTRATION › Subject 391-1-2 - PROCEDURES FOR DISPOSITION OF CONTESTED CASES › Rule 391-1-2-.15 - Repealed

Current through Rules and Regulations filed through June 27,
				2024
O.C.G.A. Sec.
				  50-13-22
				  .
Compilation of Rules and Regulations of the State of Georgia › Department 391 - RULES OF GEORGIA DEPARTMENT OF NATURAL RESOURCES › Chapter 391-1 - ADMINISTRATION › Subject 391-1-2 - PROCEDURES FOR DISPOSITION OF CONTESTED CASES › Rule 391-1-2-.16 - Repealed

Current through Rules and Regulations filed through June 27,
				2024
O.C.G.A. Sec.
				  50-13-22
				  .
Compilation of Rules and Regulations of the State of Georgia › Department 391 - RULES OF GEORGIA DEPARTMENT OF NATURAL RESOURCES › Chapter 391-1 - ADMINISTRATION › Subject 391-1-2 - PROCEDURES FOR DISPOSITION OF CONTESTED CASES › Rule 391-1-2-.17 - Repealed

Current through Rules and Regulations filed through June 27,
				2024
O.C.G.A. Sec.
				  50-13-22
				  .
Compilation of Rules and Regulations of the State of Georgia › Department 391 - RULES OF GEORGIA DEPARTMENT OF NATURAL RESOURCES › Chapter 391-1 - ADMINISTRATION › Subject 391-1-2 - PROCEDURES FOR DISPOSITION OF CONTESTED CASES › Rule 391-1-2-.18 - Repealed

Current through Rules and Regulations filed through June 27,
				2024
O.C.G.A. Sec.
				  50-13-22
				  .
Compilation of Rules and Regulations of the State of Georgia › Department 391 - RULES OF GEORGIA DEPARTMENT OF NATURAL RESOURCES › Chapter 391-1 - ADMINISTRATION › Subject 391-1-2 - PROCEDURES FOR DISPOSITION OF CONTESTED CASES › Rule 391-1-2-.19 - Repealed

Current through Rules and Regulations filed through June 27,
				2024
O.C.G.A. Sec.
				  50-13-22
				  .
Compilation of Rules and Regulations of the State of Georgia › Department 391 - RULES OF GEORGIA DEPARTMENT OF NATURAL RESOURCES › Chapter 391-1 - ADMINISTRATION › Subject 391-1-2 - PROCEDURES FOR DISPOSITION OF CONTESTED CASES › Rule 391-1-2-.20 - Repealed

Current through Rules and Regulations filed through June 27,
				2024
O.C.G.A. Sec.
				  50-13-22
				  .
Compilation of Rules and Regulations of the State of Georgia › Department 391 - RULES OF GEORGIA DEPARTMENT OF NATURAL RESOURCES › Chapter 391-1 - ADMINISTRATION › Subject 391-1-2 - PROCEDURES FOR DISPOSITION OF CONTESTED CASES › Rule 391-1-2-.21 - Repealed

Current through Rules and Regulations filed through June 27,
				2024
O.C.G.A. Sec.
				  50-13-22
				  .
Compilation of Rules and Regulations of the State of Georgia › Department 391 - RULES OF GEORGIA DEPARTMENT OF NATURAL RESOURCES › Chapter 391-1 - ADMINISTRATION › Subject 391-1-2 - PROCEDURES FOR DISPOSITION OF CONTESTED CASES › Rule 391-1-2-.22 - Repealed

Current through Rules and Regulations filed through June 27,
				2024
O.C.G.A. Sec.
				  50-13-22
				  .
Compilation of Rules and Regulations of the State of Georgia › Department 391 - RULES OF GEORGIA DEPARTMENT OF NATURAL RESOURCES › Chapter 391-1 - ADMINISTRATION › Subject 391-1-2 - PROCEDURES FOR DISPOSITION OF CONTESTED CASES › Rule 391-1-2-.23 - Repealed

Current through Rules and Regulations filed through June 27,
				2024
O.C.G.A. Sec.
				  50-13-22
				  .
Compilation of Rules and Regulations of the State of Georgia › Department 391 - RULES OF GEORGIA DEPARTMENT OF NATURAL RESOURCES › Chapter 391-1 - ADMINISTRATION › Subject 391-1-2 - PROCEDURES FOR DISPOSITION OF CONTESTED CASES › Rule 391-1-2-.24 - Repealed

Current through Rules and Regulations filed through June 27,
				2024
O.C.G.A. Sec.
				  50-13-22
				  .
Compilation of Rules and Regulations of the State of Georgia › Department 391 - RULES OF GEORGIA DEPARTMENT OF NATURAL RESOURCES › Chapter 391-1 - ADMINISTRATION › Subject 391-1-2 - PROCEDURES FOR DISPOSITION OF CONTESTED CASES › Rule 391-1-2-.25 - Repealed

Current through Rules and Regulations filed through June 27,
				2024
O.C.G.A. Sec.
				  50-13-22
				  .
Compilation of Rules and Regulations of the State of Georgia › Department 391 - RULES OF GEORGIA DEPARTMENT OF NATURAL RESOURCES › Chapter 391-1 - ADMINISTRATION › Subject 391-1-2 - PROCEDURES FOR DISPOSITION OF CONTESTED CASES › Rule 391-1-2-.26 - Repealed

Current through Rules and Regulations filed through June 27,
				2024
O.C.G.A. Sec.
				  50-13-22
				  .
Compilation of Rules and Regulations of the State of Georgia › Department 391 - RULES OF GEORGIA DEPARTMENT OF NATURAL RESOURCES › Chapter 391-1 - ADMINISTRATION › Subject 391-1-2 - PROCEDURES FOR DISPOSITION OF CONTESTED CASES › Rule 391-1-2-.27 - Repealed

Current through Rules and Regulations filed through June 27,
				2024
O.C.G.A. Sec.
				  50-13-22
				  .
Compilation of Rules and Regulations of the State of Georgia › Department 391 - RULES OF GEORGIA DEPARTMENT OF NATURAL RESOURCES › Chapter 391-1 - ADMINISTRATION › Subject 391-1-2 - PROCEDURES FOR DISPOSITION OF CONTESTED CASES › Rule 391-1-2-.28 - Repealed

Current through Rules and Regulations filed through June 27,
				2024
O.C.G.A. § Sec.
				  50-13-22.
Compilation of Rules and Regulations of the State of Georgia › Department 391 - RULES OF GEORGIA DEPARTMENT OF NATURAL RESOURCES › Chapter 391-1 - ADMINISTRATION › Subject 391-1-2 - PROCEDURES FOR DISPOSITION OF CONTESTED CASES › Rule 391-1-2-.29 - Repealed

Current through Rules and Regulations filed through June 27,
				2024
O.C.G.A. § Sec.
				  50-13-22.
Compilation of Rules and Regulations of the State of Georgia › Department 391 - RULES OF GEORGIA DEPARTMENT OF NATURAL RESOURCES › Chapter 391-1 - ADMINISTRATION › Subject 391-1-2 - PROCEDURES FOR DISPOSITION OF CONTESTED CASES › Rule 391-1-2-.30 - Repealed

Current through Rules and Regulations filed through June 27,
				2024
O.C.G.A. § Sec.
				  50-13-22.
Compilation of Rules and Regulations of the State of Georgia › Department 391 - RULES OF GEORGIA DEPARTMENT OF NATURAL RESOURCES › Chapter 391-1 - ADMINISTRATION › Subject 391-1-2 - PROCEDURES FOR DISPOSITION OF CONTESTED CASES › Rule 391-1-2-.31 - Repealed

Current through Rules and Regulations filed through June 27,
				2024
O.C.G.A. § Sec.
				  50-13-22.
Compilation of Rules and Regulations of the State of Georgia › Department 391 - RULES OF GEORGIA DEPARTMENT OF NATURAL RESOURCES › Chapter 391-1 - ADMINISTRATION › Subject 391-1-2 - PROCEDURES FOR DISPOSITION OF CONTESTED CASES › Rule 391-1-2-.32 - Repealed

Current through Rules and Regulations filed through June 27,
				2024
O.C.G.A. Sec. §
										50-13-22.
Compilation of Rules and Regulations of the State of Georgia › Department 391 - RULES OF GEORGIA DEPARTMENT OF NATURAL RESOURCES › Chapter 391-1 - ADMINISTRATION › Subject 391-1-2 - PROCEDURES FOR DISPOSITION OF CONTESTED CASES › Rule 391-1-2-.33 - Repealed

Current through Rules and Regulations filed through June 27,
				2024
O.C.G.A. § Sec.
				  50-13-22.
Compilation of Rules and Regulations of the State of Georgia › Department 391 - RULES OF GEORGIA DEPARTMENT OF NATURAL RESOURCES › Chapter 391-1 - ADMINISTRATION › Subject 391-1-2 - PROCEDURES FOR DISPOSITION OF CONTESTED CASES › Rule 391-1-2-.34 - Repealed

Current through Rules and Regulations filed through June 27,
				2024
O.C.G.A. § Sec.
				  50-13-22.
Compilation of Rules and Regulations of the State of Georgia › Department 391 - RULES OF GEORGIA DEPARTMENT OF NATURAL RESOURCES › Chapter 391-1 - ADMINISTRATION › Subject 391-1-2 - PROCEDURES FOR DISPOSITION OF CONTESTED CASES › Rule 391-1-2-.35 - Repealed

Current through Rules and Regulations filed through June 27,
				2024
O.C.G.A. § Sec.
				  50-13-22.
Compilation of Rules and Regulations of the State of Georgia › Department 391 - RULES OF GEORGIA DEPARTMENT OF NATURAL RESOURCES › Chapter 391-1 - ADMINISTRATION › Subject 391-1-2 - PROCEDURES FOR DISPOSITION OF CONTESTED CASES › Rule 391-1-2-.36 - Repealed

Current through Rules and Regulations filed through June 27,
				2024
O.C.G.A. § Sec.
				  50-13-22.
Compilation of Rules and Regulations of the State of Georgia › Department 391 - RULES OF GEORGIA DEPARTMENT OF NATURAL RESOURCES › Chapter 391-1 - ADMINISTRATION › Subject 391-1-2 - PROCEDURES FOR DISPOSITION OF CONTESTED CASES › Rule 391-1-2-.37 - Repealed

Current through Rules and Regulations filed through June 27,
				2024
O.C.G.A. Sec.
				  50-13-22
				  .
Compilation of Rules and Regulations of the State of Georgia › Department 391 - RULES OF GEORGIA DEPARTMENT OF NATURAL RESOURCES › Chapter 391-1 - ADMINISTRATION › Subject 391-1-3 - PUBLIC PARTICIPATION IN ENFORCEMENT OF ENVIRONMENTAL STATUTES › Rule 391-1-3-.01 - Public Participation In Enforcement of Environmental Statutes

Current through Rules and Regulations filed through June 27,
				2024
(1) The
				Environmental Protection Division shall issue notices of proposed or final
				administrative orders and proposed or final administrative consent orders as
				required in applicable statutes and rules of this State.
(2) At the completion of the negotiation
				process required by O.C.G.A. §
									12-2-2(c)(6) and
				before executing and issuing any administrative consent order which falls in
				any of the categories in (a) below, the Environmental Protection Division shall
				provide notice and opportunity to the public to comment on and provide
				information regarding the proposed issuance of such orders. This chapter shall
				not apply to or delay emergency actions as determined by the director of the
				Environmental Protection Division, nor actions which will immediately address
				ongoing harmful releases into the environment, nor actions relating to
				Georgia's Underground Storage Tank Trust Fund disbursements on behalf of that
				fund's participants.
(a) The following
				categories of administrative consent orders are subject to (2) above:
1. orders for which the director of the
				Environmental Protection Division believes a release of a regulated substance
				into the environment may have endangered or may be endangering human health. A
				regulated substance is one having a human health-based standard adopted by the
				Board of Natural Resources. The Director may consider such factors as the
				toxicity of the released substance, the amount and duration of the release and
				the potential for human exposure to the release.
2. orders with compliance schedules exceeding
				one year or orders extending an existing compliance schedule.
3. a second order issued to the same facility
				for reasons of noncompliance under the same statute in a twelve month
				period.
4. orders for which the
				person entering into the proposed order requests in writing that notice be
				issued to the public.
Compilation of Rules and Regulations of the State of Georgia › Department 391 - RULES OF GEORGIA DEPARTMENT OF NATURAL RESOURCES › Chapter 391-1 - ADMINISTRATION › Subject 391-1-3 - PUBLIC PARTICIPATION IN ENFORCEMENT OF ENVIRONMENTAL STATUTES › Rule 391-1-3-.02 - Petitions for Hearing: Time for Filing of Same

Current through Rules
				and Regulations filed through June 27, 2024
(1) Within 30 days of the mailing of an
				issued grant or denial of a license, permit, or variance executed by the
				Environmental Protection Division, or an administrative order or fully executed
				administrative consent order executed and issued by the Environmental
				Protection Division, to the person to whom the grant or denial of such license,
				permit, or variance, or the issuance of such order is directed, any person
				aggrieved or adversely affected thereby as defined by O.C.G.A.
				12-2-2(c)(3)(A)
				may file a written petition for a hearing with the Environmental Protection
				Division.
(2) Within 30 days of the
				posting, notification to news media, or mailing pursuant to Rule
				391-1-3-.01(4), of
				any notice which lists Environmental Protection Division fully executed
				administrative orders or administrative consent orders pursuant to Rule
				391-1-3-.01(3), any
				person other than the person to whom an order is directed, who is aggrieved or
				adversely affected as defined by O.C.G.A.
				12-2-2(c)(3)(A)
				by an order on the list may file a written petition for a hearing with the
				director.
Ga. L. 1972, pp. 1015,
				  1051, as amended; Ga. L. 1964, pp. 383, 353, as amended; Ga. L. 1965, pp. 283,
				  294, as amended. O.C.G.A. Sec.
				  50-13-22.
Compilation of Rules and Regulations of the State of Georgia › Department 391 - RULES OF GEORGIA DEPARTMENT OF NATURAL RESOURCES › Chapter 391-1 - ADMINISTRATION › Subject 391-1-3 - PUBLIC PARTICIPATION IN ENFORCEMENT OF ENVIRONMENTAL STATUTES › Rule 391-1-3-.03 - Repealed

Current through Rules and Regulations filed through June 27,
				2024
Ga. L. 1972, pp. 1015,
				  1051, as amended; Ga. L. 1964, pp. 383, 353, as amended; Ga. L. 1965, pp. 283,
				  294, as amended.
Compilation of Rules and Regulations of the State of Georgia › Department 391 - RULES OF GEORGIA DEPARTMENT OF NATURAL RESOURCES › Chapter 391-1 - ADMINISTRATION › Subject 391-1-3 - PUBLIC PARTICIPATION IN ENFORCEMENT OF ENVIRONMENTAL STATUTES › Rule 391-1-3-.04 - Repealed

Current through Rules and Regulations filed through June 27,
				2024
Ga. L. 1972, pp. 1015,
				  1051, as amended; Ga. L. 1964, pp. 383, 353, as amended; Ga. L. 1964, pp. 283,
				  294, as amended.
Compilation of Rules and Regulations of the State of Georgia › Department 391 - RULES OF GEORGIA DEPARTMENT OF NATURAL RESOURCES › Chapter 391-1 - ADMINISTRATION › Subject 391-1-3 - PUBLIC PARTICIPATION IN ENFORCEMENT OF ENVIRONMENTAL STATUTES › Rule 391-1-3-.05 - Repealed

Current through Rules and Regulations filed through June 27,
				2024
Ga. L. 1972, pp. 1015,
				  1051, as amended; Ga. L. 1964, pp. 383, 353, as amended; Ga. L. 1965, pp. 283,
				  294, as amended.
Compilation of Rules and Regulations of the State of Georgia › Department 391 - RULES OF GEORGIA DEPARTMENT OF NATURAL RESOURCES › Chapter 391-1 - ADMINISTRATION › Subject 391-1-3 - PUBLIC PARTICIPATION IN ENFORCEMENT OF ENVIRONMENTAL STATUTES › Rule 391-1-3-.06 - Repealed

Current through Rules and Regulations filed through June 27,
				2024
Ga. L. 1972, pp. 1015,
				  1051, as amended; Ga. L. 1964, pp. 383, 353, as amended. Ga. L. 1964, pp. 283,
				  294, as amended.
Compilation of Rules and Regulations of the State of Georgia › Department 391 - RULES OF GEORGIA DEPARTMENT OF NATURAL RESOURCES › Chapter 391-1 - ADMINISTRATION › Subject 391-1-3 - PUBLIC PARTICIPATION IN ENFORCEMENT OF ENVIRONMENTAL STATUTES › Rule 391-1-3-.07 - Repealed

Current through Rules and Regulations filed through June 27,
				2024
Ga. L. 1972, pp. 1015,
				  1051, as amended; Ga. L. 1964, pp. 383, 353, as amended; Ga. L. 1964, pp. 283,
				  294, as amended.
Compilation of Rules and Regulations of the State of Georgia › Department 391 - RULES OF GEORGIA DEPARTMENT OF NATURAL RESOURCES › Chapter 391-1 - ADMINISTRATION › Subject 391-1-3 - PUBLIC PARTICIPATION IN ENFORCEMENT OF ENVIRONMENTAL STATUTES › Rule 391-1-3-.08 - Repealed

Current through Rules and Regulations filed through June 27,
				2024
Ga. L. 1972, pp. 1015,
				  1051, as amended; Ga. L. 1964, pp. 383, 353, as amended; Ga. L. 1964, pp. 283,
				  294, as amended.
Compilation of Rules and Regulations of the State of Georgia › Department 391 - RULES OF GEORGIA DEPARTMENT OF NATURAL RESOURCES › Chapter 391-1 - ADMINISTRATION › Subject 391-1-3 - PUBLIC PARTICIPATION IN ENFORCEMENT OF ENVIRONMENTAL STATUTES › Rule 391-1-3-.09 - Repealed

Current through Rules and Regulations filed through June 27,
				2024
Ga. L. 1972, pp. 1015,
				  1051, as amended; Ga. L. 1964, pp. 383, 353, as amended; Ga. L. 1964, pp. 283,
				  294, as amended.
Compilation of Rules and Regulations of the State of Georgia › Department 391 - RULES OF GEORGIA DEPARTMENT OF NATURAL RESOURCES › Chapter 391-1 - ADMINISTRATION › Subject 391-1-3 - PUBLIC PARTICIPATION IN ENFORCEMENT OF ENVIRONMENTAL STATUTES › Rule 391-1-3-.10 - Repealed

Current through Rules and Regulations filed through June 27,
				2024
Ga. L. 1972, pp. 1015,
				  1051, as amended; Ga. L. 1964, pp. 383, 353, as amended; Ga. L.1964, pp. 283,
				  294, as amended.
Compilation of Rules and Regulations of the State of Georgia › Department 391 - RULES OF GEORGIA DEPARTMENT OF NATURAL RESOURCES › Chapter 391-1 - ADMINISTRATION › Subject 391-1-3 - PUBLIC PARTICIPATION IN ENFORCEMENT OF ENVIRONMENTAL STATUTES › Rule 391-1-3-.11 - Repealed

Current through Rules and Regulations filed through June 27,
				2024
Ga. L. 1972, pp. 1015,
				  1051, as amended; Ga. L. 1964; pp. 383, 353, as amended; Ga. L. 1964, pp. 283,
				  294, as amended.
Compilation of Rules and Regulations of the State of Georgia › Department 391 - RULES OF GEORGIA DEPARTMENT OF NATURAL RESOURCES › Chapter 391-1 - ADMINISTRATION › Subject 391-1-3 - PUBLIC PARTICIPATION IN ENFORCEMENT OF ENVIRONMENTAL STATUTES › Rule 391-1-3-.12 - Repealed

Current through Rules and Regulations filed through June 27,
				2024
Ga. L. 1972, pp. 1015,
				  1051, as amended; Ga. L. 1964, pp. 383, 353, as amended; Ga. L. 1964, pp. 283,
				  294, as amended.
Compilation of Rules and Regulations of the State of Georgia › Department 391 - RULES OF GEORGIA DEPARTMENT OF NATURAL RESOURCES › Chapter 391-1 - ADMINISTRATION › Subject 391-1-3 - PUBLIC PARTICIPATION IN ENFORCEMENT OF ENVIRONMENTAL STATUTES › Rule 391-1-3-.13 - Repealed

Current through Rules and Regulations filed through June 27,
				2024
Ga. L. 1972, pp. 1015,
				  1051, as amended; Ga. L. 1964, pp. 383, 353, as amended; Ga. L. 1964, pp. 283,
				  294, as amended.
Compilation of Rules and Regulations of the State of Georgia › Department 391 - RULES OF GEORGIA DEPARTMENT OF NATURAL RESOURCES › Chapter 391-1 - ADMINISTRATION › Subject 391-1-4 › Rule 391-1-4-.18 through 391-1-4-.29

Current
				through Rules and Regulations filed through June 27, 2024
O.C.G.A. §
											12-2-24
				  .
Compilation of Rules and Regulations of the State of Georgia › Department 391 - RULES OF GEORGIA DEPARTMENT OF NATURAL RESOURCES › Chapter 391-1 - ADMINISTRATION › Subject 391-1-4 › Rule 391-1-4-.40 through 391-1-4-.49

Current
				through Rules and Regulations filed through June 27, 2024
O.C.G.A. §
											12-2-24
				  .
Compilation of Rules and Regulations of the State of Georgia › Department 391 - RULES OF GEORGIA DEPARTMENT OF NATURAL RESOURCES › Chapter 391-1 - ADMINISTRATION › Subject 391-1-4 › Rule 391-1-4-.59 through 391-1-4-.69 - Repealed (Previously Reserved)

Current through Rules and Regulations filed
				through June 27, 2024
O.C.G.A. §
											12-2-24.
Compilation of Rules and Regulations of the State of Georgia › Department 391 - RULES OF GEORGIA DEPARTMENT OF NATURAL RESOURCES › Chapter 391-1 - ADMINISTRATION › Subject 391-1-6 - GEORGIA CONSERVATION TAX CREDIT PROGRAM › Rule 391-1-6-.01 - Purpose and Scope

Current through Rules and Regulations filed
				through June 27, 2024
(1) To provide for state income tax credits
				with respect to qualified donations of real property for conservation purposes
				and to provide for authority of the Department of Natural Resources to provide
				conditions, limitations, and exclusions for the Georgia Conservation Tax Credit
				Program.
(2) The Department of
				Natural Resources shall be the certifying agency by:
(a) determining that property donated under
				this program is a Qualified Donation of Conservation Land; and
(b) providing an official certification form
				to the donor of Conservation Land that qualifies the donor for a state income
				tax credit.
Compilation of Rules and Regulations of the State of Georgia › Department 391 - RULES OF GEORGIA DEPARTMENT OF NATURAL RESOURCES › Chapter 391-1 - ADMINISTRATION › Subject 391-1-6 - GEORGIA CONSERVATION TAX CREDIT PROGRAM › Rule 391-1-6-.02 - The Name of the Program

Current through Rules and Regulations
				filed through June 27, 2024
The program shall be referred to as the Georgia Conservation
				  Tax Credit Program (GCTCP).
O.C.G.A. Secs.
				  48-7-29.10,
				  48-7-29.12.
Compilation of Rules and Regulations of the State of Georgia › Department 391 - RULES OF GEORGIA DEPARTMENT OF NATURAL RESOURCES › Chapter 391-1 - ADMINISTRATION › Subject 391-1-6 - GEORGIA CONSERVATION TAX CREDIT PROGRAM › Rule 391-1-6-.04 - Application for Pre-certification and Certification

Current
				through Rules and Regulations filed through June 27, 2024
(1) Application forms for Pre-Certification
				or Certification may be obtained from the Department. The Applicant shall
				submit the completed application to the Department with all attachments
				necessary to provide sufficient information for review and
				evaluation.
(2) The Department
				shall review all completed Pre-Certification applications and shall make a
				preliminary determination as to whether or not the proposed donation is a
				Qualified Donation of Conservation Land. The Applicant shall be notified of
				this determination by letter within 60 days of receipt of the application. The
				Department shall reject Pre-Certification applications that are incomplete,
				incorrect, or do not meet the definition of Conservation Land, including
				applications where the conservation easement does not provide for Permanent
				Protection as required in this chapter. If the Department rejected the
				Pre-Certification application because it was incomplete or incorrect, the
				Applicant may resubmit the Pre-certification application with revised or
				corrected information for consideration by the Department.
(3) Application for Certification of a
				donation may be made only after:
(a) The
				donor submits a non-refundable application fee of $5,000; provided however,
				that the nonrefundable application fee for property donated to the state shall
				be 1 percent of the total value of the donation, unless such donation is being
				made to qualify the state for a federal or state grant
(b) An appraisal is submitted to the
				Department and forwarded to the State Properties Commission, which includes:
1. A certification page, as established by
				the Uniform Standards of Professional Appraisal Practice, signed by the
				appraiser; and
2. An affidavit
				signed by the appraiser which includes a statement specifying:
i. the value of the unencumbered property,
				the total value of the qualified donation in gross, and an accompanying
				statement identifying the methods used to determine such values;
ii. whether a subdivision analysis was used
				in the appraisal;
iii. whether the
				landowner or related persons own any other property, the value of which is
				increased as a result of the donation; and
iv. that the appraiser is certified pursuant
				to Chapter 39 A of Title 43.
(c) The property transaction has been
				completed and recorded by deed or other method to assure Permanent
				Protection.
Compilation of Rules and Regulations of the State of Georgia › Department 391 - RULES OF GEORGIA DEPARTMENT OF NATURAL RESOURCES › Chapter 391-1 - ADMINISTRATION › Subject 391-1-6 - GEORGIA CONSERVATION TAX CREDIT PROGRAM › Rule 391-1-6-.05 - Monitoring and Reporting Requirements

Current through Rules and
				Regulations filed through June 27, 2024
(1) Holders of Conservation Easements
				certified under this program shall annually monitor the Conservation Easement
				to assure that the terms are maintained and shall prepare an annual monitoring
				report. The Department may request a copy of annual monitoring reports at any
				time. A Qualified Organization that fails to submit requested annual monitoring
				reports shall not be eligible to be a Qualified Organization until they are in
				compliance with this rule.
(2) The
				Department shall annually submit to its Board a status report of the
				GCTCP.
O.C.G.A. Secs.
				  48-7-29.10,
				  48-7-29.12.