reglab/statecodes huggingface dataset:
Compilation of Rules and Regulations of the State of Georgia › Department 391 - RULES OF GEORGIA DEPARTMENT OF NATURAL RESOURCES › Chapter 391-1 - ADMINISTRATION › Subject 391-1-7 - REFUND OF FEES › Rule 391-1-7-.01 - Refund of Fees

Current through Rules and Regulations filed
				through June 27, 2024
(1) Persons with claims that they should be
				issued a monetary refund resulting from fees allegedly collected in error or
				overpayment or to which the Department is not otherwise entitled may submit
				such claims with the Department, by making, with the applicable Division of the
				Department, a Request for Refund on forms or in such manner as provided by the
				Department. No claim shall be considered unless such Request for Refund has
				been properly submitted within a maximum of two years after the date of the
				event giving rise to the claim and unless such claim does not exceed
				$5,000.00.
(2) The appropriate
				Division may request such supporting data, documentation, or information as it
				deems necessary for evaluation of a particular Request for Refund. The Division
				shall not take action on a Request for Refund until all supporting documents or
				information requested by the Division has been submitted by the
				requestor.
(3) After reviewing and
				considering the information submitted by the requestor in support of a Request
				for Refund, the respective Division Director or his/her designee shall make a
				determination either to pay (in full or a portion thereof), or reject such
				claim and shall notify the requestor of the decision and the reasons for
				it.
(4) If a determination is made
				to pay such claim or a portion thereof, the Division Director or his/her
				designee shall forward the decision to the Department's accounting section for
				issuance of the payment to the requestor, or shall otherwise pay such claim or
				a portion thereof using normal accounting methods and procedures approved by
				the Department.
O.C.G.A. Titles 12,
				  27, and 52; O.C.G.A. §§
										12-2-24,
				  27-1-13, and
				  52-7-5
				  .
Compilation of Rules and Regulations of the State of Georgia › Department 391 - RULES OF GEORGIA DEPARTMENT OF NATURAL RESOURCES › Chapter 391-1 - ADMINISTRATION › Subject 391-1-8 - PROCEDURES FOR CHANGE OF USE OR CONVEYANCE OF HERITAGE PRESERVES › Rule 391-1-8-.01 - Definitions

Current through Rules and Regulations filed through June 27,
				2024
As used in this Chapter, the term:
(a) "Board" means the Board of Natural
				Resources.
(b) "Change of use"
				means any use of all or part of a Heritage Preserve by a third party that is
				not part of the Department's management of the Heritage Preserve consistent
				with its dedicated uses and that either (i) lasts for more than sixty (60) days
				or (ii) will result in a permanent change to the topography of the Heritage
				Preserve or (iii) both.
(c) "Costs
				of complying with this Chapter" includes but is not limited to travel expenses,
				room rentals, transcription expenses, Board member per diem and copying
				charges.
(d) "Direct interest"
				means having a real property interest in the Heritage Preserve or having a
				managerial or operational interest in the Heritage Preserve pursuant to an
				agreement with the Department.
(e)
				"Commissioner" means Commissioner of Natural Resources.
(f) "Department" means the Georgia Department
				of Natural Resources.
(g) "Heritage
				Preserve" means a parcel or parcels of land to which the state holds fee simple
				title or a lesser estate that is in the custody of the Department and that has
				been dedicated as a heritage area by the Governor.
(h) "Local government" means a municipality
				or county of this state that desires to acquire fee simple title to a Heritage
				Preserve.
(i) "State entity" means
				a state agency, department or authority with a direct interest in the use of a
				Heritage Preserve.
(j) "Third
				party" means a state agency, department or authority or a private entity, such
				as a utility company, that does not have a direct interest in the Heritage
				Preserve.
O.C.G.A. Secs.
				  12-3-74,
				  12-3-76.
Compilation of Rules and Regulations of the State of Georgia › Department 391 - RULES OF GEORGIA DEPARTMENT OF NATURAL RESOURCES › Chapter 391-1 - ADMINISTRATION › Subject 391-1-8 - PROCEDURES FOR CHANGE OF USE OR CONVEYANCE OF HERITAGE PRESERVES › Rule 391-1-8-.02 - Applicability and Scope of these Rules

Current through Rules and Regulations filed
				through June 27, 2024
(1) The Rules in this Chapter shall govern
				all requests to change the dedicated use or uses of all or part of a Heritage
				Preserve.
(2) The Rules in this
				Chapter shall govern all requests by a local government to acquire fee simple
				title to a Heritage Preserve.
O.C.G.A. Secs.
				  12-3-74,
				  12-3-76.
Compilation of Rules and Regulations of the State of Georgia › Department 391 - RULES OF GEORGIA DEPARTMENT OF NATURAL RESOURCES › Chapter 391-1 - ADMINISTRATION › Subject 391-1-8 - PROCEDURES FOR CHANGE OF USE OR CONVEYANCE OF HERITAGE PRESERVES › Rule 391-1-8-.03 - Petitions to Request a Change of Use

Current through Rules and Regulations filed
				through June 27, 2024
(1) Petitions for a change of use must be in
				writing and must be submitted in the manner required by Rule
				391-1-8-.04.
(2) Only a state entity may submit a petition
				for a change of use. Any state entity petitioner other than the Department must
				consult with the Department prior to petitioning for a change of use.
(3) No third party may petition for a change
				of use. The Department, in its sole discretion, may file a petition for a
				change of use on behalf of a third party. The third party must consult with and
				obtain the support of the Division with operational responsibility for the
				affected Heritage Preserve and the Department's real estate office prior to
				requesting the Department file a petition on its behalf.
O.C.G.A. Secs.
				  12-3-74,
				  12-3-76.
Compilation of Rules and Regulations of the State of Georgia › Department 391 - RULES OF GEORGIA DEPARTMENT OF NATURAL RESOURCES › Chapter 391-1 - ADMINISTRATION › Subject 391-1-8 - PROCEDURES FOR CHANGE OF USE OR CONVEYANCE OF HERITAGE PRESERVES › Rule 391-1-8-.04 - Filing Petitions to Request a Change of Use

Current through Rules and Regulations filed
				through June 27, 2024
(1) An original and three copies of all
				petitions for a change of use must be filed on 8 1/2 by 11 inch paper with the
				Board. A petition is filed on the date on which it is actually received by the
				Board.
(2) A petition must be
				submitted to the Board, c/o Commissioner, Georgia Department of Natural
				Resources, 2 Martin Luther King, Jr. Drive, S.E., Suite 1252 East, Atlanta,
				Georgia 30334-9000 by mail or hand delivery.
(3) The office hours of the Commissioner are
				8:00 a.m. to 4:30 p.m., Monday through Friday, except State legal
				holidays.
(4) All petitions must
				meet the requirements of Rule
				391-1-8-.05 below.
(5) A copy of the petition must also be
				submitted to the Chief of Real Estate, Georgia Department of Natural Resources,
				2 Martin Luther King, Jr. Drive, S.E., Suite 1454 East, Atlanta, Georgia
				30334-9000.
(6) The Commissioner
				may return any petition failing to comply with this Chapter to the petitioner
				without submitting it to the Board for consideration with a brief statement of
				why it is being returned.
(7) A
				petitioner may resubmit a petition at any time after it is returned as
				noncompliant by the Commissioner by filing a new petition that meets the
				requirements of this Chapter.
O.C.G.A. Secs.
				  12-3-74,
				  12-3-76.
Compilation of Rules and Regulations of the State of Georgia › Department 391 - RULES OF GEORGIA DEPARTMENT OF NATURAL RESOURCES › Chapter 391-1 - ADMINISTRATION › Subject 391-1-8 - PROCEDURES FOR CHANGE OF USE OR CONVEYANCE OF HERITAGE PRESERVES › Rule 391-1-8-.05 - Content of Petitions to Request a Change of Use

Current through Rules and Regulations filed
				through June 27, 2024
A petition for a change of use shall contain:
(a) A statement identifying the affected
				Heritage Preserve;
(b) A
				preliminary plat or map that shows the location of the affected Heritage
				Preserve, including the county(ies) and land lot(s) or district(s) of property
				and the location of the change of use area within the Heritage
				Preserve;
(c) A statement of the
				acreage that will be affected by the proposed change of use and how the
				impacted area currently functions within the Heritage Preserve;
(d) A statement of the purpose of the change
				of use;
(e) A statement describing
				in detail any mitigation that is proposed to offset the impact of the change of
				use on the Heritage Preserve;
(f) A
				statement of why the proposed change of use is an imperative and unavoidable
				necessity for which no other solution exists;
(g) The name and current mailing address of
				the petitioner and the name and telephone number of the petitioner's primary
				contact person;
(h) A statement
				that the petitioner, or the third party working through the Department, will be
				responsible for all costs of complying with this Chapter; and
(i) If the petitioner is not the Department,
				a written statement from the Department regarding its position on the merits of
				the petition.
O.C.G.A. Secs.
				  12-3-74,
				  12-3-76.
Compilation of Rules and Regulations of the State of Georgia › Department 391 - RULES OF GEORGIA DEPARTMENT OF NATURAL RESOURCES › Chapter 391-1 - ADMINISTRATION › Subject 391-1-8 - PROCEDURES FOR CHANGE OF USE OR CONVEYANCE OF HERITAGE PRESERVES › Rule 391-1-8-.06 - Processing of Change of Use Petitions

Current through Rules and Regulations filed
				through June 27, 2024
(1) Upon receipt of a petition for a change
				of use, the Commissioner will deliver a copy of the petition to the Board at
				its next regularly scheduled meeting.
(2) The Department will schedule public
				hearings in the county or counties in which the affected portion of the
				Heritage Preserve is located within ninety (90) days of the filing of the
				petition.
(3) Each public hearing
				will be conducted as follows:
(a) The date,
				time and location of the public hearing will be posted on the Department's web
				site and at the regular meeting place of the Board at least thirty (30) days
				prior to the public hearing;
(b)
				The date, time and location of the public hearing will be given to the legal
				organ in which notices of sheriff's sales are published in the county in which
				the public hearing is to be held;
(c) At least one Board member will be
				physically present at the public hearing;
(d) A Board member shall conduct the public
				hearing with assistance from the Department's staff and will establish
				reasonable rules for its conduct;
(e) If technologically possible, Board
				members may attend the public hearing by telephone conference call;
(f) A transcript of the public hearing will
				be made;
(g) Any member of the
				public attending the public hearing may submit a written or oral statement;
				and
(h) Any member of the public
				unable to attend the public hearing may submit a written statement for the
				Board's consideration to the Board c/o Commissioner at the address in Rule
				391-1-8-.04(2) on
				or before the date of the public hearing.
Compilation of Rules and Regulations of the State of Georgia › Department 391 - RULES OF GEORGIA DEPARTMENT OF NATURAL RESOURCES › Chapter 391-1 - ADMINISTRATION › Subject 391-1-8 - PROCEDURES FOR CHANGE OF USE OR CONVEYANCE OF HERITAGE PRESERVES › Rule 391-1-8-.07 - Conveyance of Heritage Preserves to Local Governments

Current through Rules and Regulations filed
				through June 27, 2024
(1) A local government that desires to
				acquire fee simple title to a Heritage Preserve shall:
(a) Consult with the Division within the
				Department with operational responsibility for the Heritage Preserve;
				and
(b) If the Division with
				operational responsibility for the Heritage Preserve supports the conveyance of
				fee simple title of the Heritage Preserve to the local government, the local
				government will work with the Division and the Department's real estate office
				to draft a perpetual conservation easement consistent with the best and most
				important uses established in the document dedicating the Heritage Preserve and
				any other conservation values or restrictions identified by the Department as
				applicable to the property; and
(c)
				The local government will work with the State Properties Commission to
				determine the good and valuable consideration to the State for the
				conveyance.
Compilation of Rules and Regulations of the State of Georgia › Department 391 - RULES OF GEORGIA DEPARTMENT OF NATURAL RESOURCES › Chapter 391-1 - ADMINISTRATION › Subject 391-1-9 - NONDISCRIMINATION IN THE PROVISION OF PUBLIC SERVICES › Rule 391-1-9-.01 - Notice of Nondiscrimination

Current through Rules and
				Regulations filed through June 27, 2024
The Georgia Department of Natural Resources ("the
				  Department") does not discriminate in the provision of public services on the
				  basis of race, color, national origin, age, disability, or
				  sex.
O.C.G.A. §
											12-2-4.
Compilation of Rules and Regulations of the State of Georgia › Department 391 - RULES OF GEORGIA DEPARTMENT OF NATURAL RESOURCES › Chapter 391-1 - ADMINISTRATION › Subject 391-1-9 - NONDISCRIMINATION IN THE PROVISION OF PUBLIC SERVICES › Rule 391-1-9-.02 - Accommodating Persons with Limited English Proficiency

Current through Rules and Regulations
				filed through June 27, 2024
(1) Individuals who do not speak English as
				their primary language and who have a limited ability to read, speak, write, or
				understand English have Limited English Proficiency ("LEP"). The Department
				will take reasonable steps to ensure that persons with LEP have meaningful
				access to participate in the Department's services, activities, programs, and
				other benefits. All interpreters, translators, and other aids needed to comply
				with this rule will be provided without cost to the person being served.
(a)
Four-factor analysis to determine
				accommodations for LEP persons
. The Divisions within the Department
				provide services to diverse members of the public. Thus, LEP persons
				encountered may vary depending on the region of the State served or the
				individuals served by a specific program. For these reasons, the Divisions will
				consider the following four factors when determining the services necessary for
				LEP persons under this policy.
(i)
Number or proportion of LEP persons
. This requires assessing the
				number and proportion of LEP persons eligible to be served or likely to be
				encountered by a Division or program.
(ii)
Frequency of contact with the
				Division
. This necessitates assessing how frequently LEP persons are
				encountered by a Division or program.
(iii)
Nature and importance of the
				program
. This factor prioritizes vital programs and information and
				involves assessment of the relative importance of the program to the Division,
				to the state as a whole, or to the affected LEP community.
(iv)
Resources available
. This
				entails assessing the resources available to the Division or program and the
				costs to implement accommodations for LEP persons.
Compilation of Rules and Regulations of the State of Georgia › Department 391 - RULES OF GEORGIA DEPARTMENT OF NATURAL RESOURCES › Chapter 391-1 - ADMINISTRATION › Subject 391-1-9 - NONDISCRIMINATION IN THE PROVISION OF PUBLIC SERVICES › Rule 391-1-9-.03 - Americans with Disabilities Act ("ADA")

Current through Rules
				and Regulations filed through June 27, 2024
The Department will make all reasonable accommodations to
				  ensure that people with disabilities have a meaningful opportunity to enjoy its
				  programs, services, and activities.
(1)
Definitions.
(a)
Service animal
: any dog that
				is individually trained to do work or perform tasks for the benefit of people
				with disabilities. Examples of work or tasks include, but are not limited to,
				guiding people who are blind or have low vision, alerting people who are deaf
				or hard of hearing, pulling a wheelchair, alerting or protecting a person
				during a seizure, reminding a person with mental illness to take prescribed
				medications, calming a person with post-traumatic stress disorder during an
				anxiety attack, or performing other duties.
(b)
Miniature horse
: a horse
				generally ranging in height from 24 to 34 inches measured to the shoulders and
				generally weighing 70 to 100 pounds that have been individually trained to do
				work or perform tasks for people with disabilities. Miniature horses are
				considered service animals.
(c)
Support or therapy animal
: an animal that individuals with
				disabilities utilize for emotional support, well-being, or comfort. Because
				they are not individually trained to perform work or tasks, support or therapy
				animals are not service animals.
(d)
Individual with a
				disability
: is a person who has a physical or mental impairment that
				limits one or more major life activities, or has a record of such impairment.
(e)
Accommodation
:
				any modification or adjustment in policies, practices, procedures, or
				environment to enable a qualified individual with a disability to enjoy
				opportunities and access to the Department's rights, privileges, benefits, and
				services.
(f)
Wheelchair
: means a manually-operated or power-driven mobility
				device designed primarily for use by an individual with a mobility disability
				for the main purpose of indoor, or of both indoor and outdoor locomotion.
(g)
Other power-driven
				mobility device ("OPDMD")
: any mobility device powered by batteries,
				fuel, or other engines, whether or not designed primarily for use by
				individuals with mobility disabilities, that is used by individuals with
				mobility disabilities for the purpose of locomotion, including golf cars;
				electronic personal assistance mobility devices, such as the Segway PT; or any
				mobility device designed to operate in areas without defined pedestrian routes,
				but is not a wheelchair within the meaning of this section.
(h)
Auxiliary aids and services
:
				devices or services that enable effective communication for people with
				disabilities.
Compilation of Rules and Regulations of the State of Georgia › Department 391 - RULES OF GEORGIA DEPARTMENT OF NATURAL RESOURCES › Chapter 391-1 - ADMINISTRATION › Subject 391-1-10 - SOCIAL MEDIA › Rule 391-1-10-.01 - Moderation of Comments on the Department's Social Media Accounts

Current through Rules and Regulations filed through June 27,
				2024
(1) The Georgia
				Department of Natural Resources ("the Department") uses various third-party
				social media websites for outreach. The Department encourages the public to
				interact and communicate about the content posted on the Department's social
				media accounts. The Department does not endorse the opinions or views expressed
				by any public comment.
(2) The
				Department does not discriminate against any views. However, the deletion of
				comments on social media posts may be necessary in certain circumstances
				described here. The Department may remove comments not related to the topic of
				the social media post. Additionally, the Department may delete comments that
				contain profanity.
(3) A comment
				will not be edited or modified to remove unacceptable content. If a portion of
				the comment violates this rule, then the entire comment will be
				deleted.
(4) The Department adheres
				to the terms and conditions of the various social media websites that it uses.
				The Department may be required to report to the social media websites public
				comments that violate their terms and conditions. The Department is not
				responsible for any such public comments that are deleted by social media
				websites.
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 391-2 - COASTAL RESOURCES › Subject 391-2-1 - REPEALED › Rule 391-2-1-.01 - Repealed

Current through Rules and Regulations filed through June 27,
				2024
O.C.G.A. Title
				  12.
Compilation of Rules and Regulations of the State of Georgia › Department 391 - RULES OF GEORGIA DEPARTMENT OF NATURAL RESOURCES › Chapter 391-2 - COASTAL RESOURCES › Subject 391-2-1 - REPEALED › Rule 391-2-1-.02 - Repealed

Current through Rules and Regulations filed through June 27,
				2024
O.C.G.A. Title
				  12.
Compilation of Rules and Regulations of the State of Georgia › Department 391 - RULES OF GEORGIA DEPARTMENT OF NATURAL RESOURCES › Chapter 391-2 - COASTAL RESOURCES › Subject 391-2-1 - REPEALED › Rule 391-2-1-.03 - Repealed

Current through Rules and Regulations filed through June 27,
				2024
O.C.G.A. Title
				  12.
Compilation of Rules and Regulations of the State of Georgia › Department 391 - RULES OF GEORGIA DEPARTMENT OF NATURAL RESOURCES › Chapter 391-2 - COASTAL RESOURCES › Subject 391-2-1 - REPEALED › Rule 391-2-1-.04 - Repealed

Current through Rules and Regulations filed through June 27,
				2024
O.C.G.A. Title
				  12.
Compilation of Rules and Regulations of the State of Georgia › Department 391 - RULES OF GEORGIA DEPARTMENT OF NATURAL RESOURCES › Chapter 391-2 - COASTAL RESOURCES › Subject 391-2-1 - REPEALED › Rule 391-2-1-.05 - Repealed

Current through Rules and Regulations filed through June 27,
				2024
O.C.G.A. Title 12;
				  Secs. 52-1-10(a),
				  52-1-39(a).
Compilation of Rules and Regulations of the State of Georgia › Department 391 - RULES OF GEORGIA DEPARTMENT OF NATURAL RESOURCES › Chapter 391-2 - COASTAL RESOURCES › Subject 391-2-1 - REPEALED › Rule 391-2-1-.06 - Repealed

Current through Rules and Regulations filed through June 27,
				2024
O.C.G.A. Title
				  12.
Compilation of Rules and Regulations of the State of Georgia › Department 391 - RULES OF GEORGIA DEPARTMENT OF NATURAL RESOURCES › Chapter 391-2 - COASTAL RESOURCES › Subject 391-2-1 - REPEALED › Rule 391-2-1-.07 - Repealed

Current through Rules and Regulations filed through June 27,
				2024
O.C.G.A. Title
				  12.
Compilation of Rules and Regulations of the State of Georgia › Department 391 - RULES OF GEORGIA DEPARTMENT OF NATURAL RESOURCES › Chapter 391-2 - COASTAL RESOURCES › Subject 391-2-1 - REPEALED › Rule 391-2-1-.08 - Repealed

Current through Rules and Regulations filed through June 27,
				2024
O.C.G.A. Title
				  12.
Compilation of Rules and Regulations of the State of Georgia › Department 391 - RULES OF GEORGIA DEPARTMENT OF NATURAL RESOURCES › Chapter 391-2 - COASTAL RESOURCES › Subject 391-2-2 - SHORE PROTECTION › Rule 391-2-2-.01 - Committee Meetings

Current through Rules and Regulations filed
				through June 27, 2024
The meetings of the Shore Protection Committee, as
				  established by O.C.G.A.
				  12-5-235, shall be held in a
				  location in one of Georgia's coastal counties.
Ga. L. 1979, Act No.
				  C72; O.C.G.A. Title 12.
Compilation of Rules and Regulations of the State of Georgia › Department 391 - RULES OF GEORGIA DEPARTMENT OF NATURAL RESOURCES › Chapter 391-2 - COASTAL RESOURCES › Subject 391-2-2 - SHORE PROTECTION › Rule 391-2-2-.02 - Hurricane-Resistant Construction Standards

Current through Rules and
				Regulations filed through June 27, 2024
Structures for which a permit is required pursuant to the
				  Shore Protection Act shall meet, as required by O.C.G.A.
				  12-5-239(c)(1)(C),
				  the construction provisions of the South Florida Building Code with respect to
				  hurricane resistant construction standards or local or state building codes if
				  the local or state building codes meet or exceed the provisions of the South
				  Florida Building Code with respect to hurricane resistant construction
				  standards.
Ga. L. 1979, Act No.
				  672; O.C.G.A. Title 12.
Compilation of Rules and Regulations of the State of Georgia › Department 391 - RULES OF GEORGIA DEPARTMENT OF NATURAL RESOURCES › Chapter 391-2 - COASTAL RESOURCES › Subject 391-2-2 - SHORE PROTECTION › Rule 391-2-2-.03 - Beach Driving Authorizations

Current through Rules and
				Regulations filed through June 27, 2024
(1)
Purpose
. The purpose of
				these Rules is to implement the authority of the Board of Natural Resources to
				promulgate rules and regulations to establish criteria under which the Shore
				Protection Committee may issue authorizations to drive motor vehicles on
				Georgia dynamic dune field and beaches consistent with the purposes of the
				Shore Protection Act.
(2)
Definitions used in this rule
.
(a) "Wet Sand Beach" means the area below the
				high tide line that is covered with water when the tide is high during an
				average high tide. The wet sand beach does not include the area where the dry
				sand is covered with water during a spring or otherwise exceptionally high
				tide.
(b) "Own or have an interest
				in real property" means to hold fee simple title, to have a life estate or
				other retained right, or to have a bona fide leasehold interest (other than a
				usufruct) for a term of one year or more, individually or as a partner or
				tenant in common, in and to a parcel of land. Own or have an interest in real
				property shall not include holding a rental agreement, license, or other right
				to use real property which does not constitute an interest in real property; in
				addition, such term does not include holding an easement over or across a tract
				of land. After the effective date of this section of this rule, such term shall
				not include newly-created undivided interests smaller than one-fifth except if
				created by inheritance or devise.
Compilation of Rules and Regulations of the State of Georgia › Department 391 - RULES OF GEORGIA DEPARTMENT OF NATURAL RESOURCES › Chapter 391-2 - COASTAL RESOURCES › Subject 391-2-2 - SHORE PROTECTION › Rule 391-2-2-.04 - Repealed

Current through Rules and Regulations filed through June 27,
				2024
Ga. L. 1979, p. 1636,
				  et. seq. O.C.G.A. Title 12.
Compilation of Rules and Regulations of the State of Georgia › Department 391 - RULES OF GEORGIA DEPARTMENT OF NATURAL RESOURCES › Chapter 391-2 - COASTAL RESOURCES › Subject 391-2-2 - SHORE PROTECTION › Rule 391-2-2-.05 - Repealed

Current through Rules and Regulations filed through June 27,
				2024
Ga. L. 1979, p. 1636,
				  et. seq. O.C.G.A. Title 12.
Compilation of Rules and Regulations of the State of Georgia › Department 391 - RULES OF GEORGIA DEPARTMENT OF NATURAL RESOURCES › Chapter 391-2 - COASTAL RESOURCES › Subject 391-2-2 - SHORE PROTECTION › Rule 391-2-2-.06 - Repealed

Current through Rules and Regulations filed through June 27,
				2024
Ga. L. 1979, Act. No.
				  672. O.C.G.A. Title 12.
Compilation of Rules and Regulations of the State of Georgia › Department 391 - RULES OF GEORGIA DEPARTMENT OF NATURAL RESOURCES › Chapter 391-2 - COASTAL RESOURCES › Subject 391-2-2 - SHORE PROTECTION › Rule 391-2-2-.07 - Repealed

Current through Rules and Regulations filed through June 27,
				2024
Ga. L. 1979, Act. No.
				  672. O.C.G.A. Title 12.
Compilation of Rules and Regulations of the State of Georgia › Department 391 - RULES OF GEORGIA DEPARTMENT OF NATURAL RESOURCES › Chapter 391-2 - COASTAL RESOURCES › Subject 391-2-2 - SHORE PROTECTION › Rule 391-2-2-.08 - Repealed

Current through Rules and Regulations filed through June 27,
				2024
Ga. L. 1979, Act No.
				  672. O.C.G.A. Title 12.
Compilation of Rules and Regulations of the State of Georgia › Department 391 - RULES OF GEORGIA DEPARTMENT OF NATURAL RESOURCES › Chapter 391-2 - COASTAL RESOURCES › Subject 391-2-2 - SHORE PROTECTION › Rule 391-2-2-.09 - Repealed

Current through Rules and Regulations filed through June 27,
				2024
Ga. L. 1979, Act No.
				  672. O.C.G.A. Title 12.
Compilation of Rules and Regulations of the State of Georgia › Department 391 - RULES OF GEORGIA DEPARTMENT OF NATURAL RESOURCES › Chapter 391-2 - COASTAL RESOURCES › Subject 391-2-2 - SHORE PROTECTION › Rule 391-2-2-.10 - Repealed

Current through Rules and Regulations filed through June 27,
				2024
Ga. L. 1979, Act No.
				  672. O.C.G.A. Title 12.
Compilation of Rules and Regulations of the State of Georgia › Department 391 - RULES OF GEORGIA DEPARTMENT OF NATURAL RESOURCES › Chapter 391-2 - COASTAL RESOURCES › Subject 391-2-2 - SHORE PROTECTION › Rule 391-2-2-.11 - Repealed

Current through Rules and Regulations filed through June 27,
				2024
Ga. L. 1979, p. 1636,
et seq.
O.C.G.A. Title 12.
Compilation of Rules and Regulations of the State of Georgia › Department 391 - RULES OF GEORGIA DEPARTMENT OF NATURAL RESOURCES › Chapter 391-2 - COASTAL RESOURCES › Subject 391-2-3 - COASTAL MARSHLANDS PROTECTION › Rule 391-2-3-.01 - Committee Meetings

Current through Rules and Regulations filed
				through June 27, 2024
The meetings of the Coastal Marshlands Protection Committee,
				  as established by O.C.G.A.
				  12-5-283, shall be held in a
				  location in one of Georgia's coastal counties.
O.C.G.A. Title
				  12.
Compilation of Rules and Regulations of the State of Georgia › Department 391 - RULES OF GEORGIA DEPARTMENT OF NATURAL RESOURCES › Chapter 391-2 - COASTAL RESOURCES › Subject 391-2-3 - COASTAL MARSHLANDS PROTECTION › Rule 391-2-3-.02 - Regulation of Upland Component of a Project

Current through Rules and Regulations filed
				through June 27, 2024
(1)
Findings and Purpose
.
(a) Findings. In promulgating this Rule, the
				Board declares the following:
1. Georgia's
				coastal marshlands have long been recognized by the General Assembly and the
				Board as a vital natural resource system, a vital area of the state, and
				essential to maintain the health, safety, and welfare of all the citizens of
				the State.
2. The Coastal
				Marshlands Protection Act (CMPA) provides a grant of authority to the Board of
				Natural Resources and Coastal Marshlands Protection Committee to regulate
				certain activities that affect or have the potential to affect the coastal
				marshlands of the state, to ensure the values and functions of the coastal
				marshlands are not impaired and to protect the public interest.
3. Stormwater management measures, impervious
				surface coverage standards, and marshlands buffer design and maintenance
				measures as applied to projects which are subject to permitting under the
				Coastal Marshlands Protection Act are warranted so as to protect this vital
				area and to protect the public interest.
Compilation of Rules and Regulations of the State of Georgia › Department 391 - RULES OF GEORGIA DEPARTMENT OF NATURAL RESOURCES › Chapter 391-2 - COASTAL RESOURCES › Subject 391-2-3 - COASTAL MARSHLANDS PROTECTION › Rule 391-2-3-.04 - Annual Leave Rate Adjustment

Current through Rules and Regulations
				filed through June 27, 2024
(1) Purpose. The purpose of this rule is to
				establish the procedure pursuant to which the Coastal Marshlands Protection
				Committee will adjust the annual rental fee per acre for leasing state owned
				marshland and waterbottoms.
(2)
				Procedures for Adjusting Marina Lease Rate.
(a) The annual rental fee per acre for
				leasing state owned marshland and waterbottoms for 2009 is one thousand dollars
				($1,000.00).
(b) Beginning in 2010
				and using the 2009 annual rental fee per acre as a base, the Coastal Marshlands
				Protection Committee shall annually adjust the amount of the annual rental fee
				per acre for leasing state owned marshland and waterbottoms by the rate of
				change (inflation or deflation) in the Consumer Price Index - All Urban
				Consumers Less Food and Energy as reported by the Bureau of Labor Statistics of
				the United States Department of Labor for the most recent calendar
				year.
(c) The Coastal Marshlands
				Protection Committee shall determine the adjustment to the annual rental fee
				per acre for state owned marshland and waterbottoms on or before May 1 of each
				calendar year.
Compilation of Rules and Regulations of the State of Georgia › Department 391 - RULES OF GEORGIA DEPARTMENT OF NATURAL RESOURCES › Chapter 391-2 - COASTAL RESOURCES › Subject 391-2-3 - COASTAL MARSHLANDS PROTECTION › Rule 391-2-3-.05 - Extension of Live-Aboard Privileges

Current through Rules and
				Regulations filed through June 27, 2024
(1)
Scope.
The Rules in this
				Chapter will guide the Commissioner in considering requests for extensions of
				time to occupy a live-aboard under O.C.G.A. §
									12-5-288(b)(8).
(2)
Definitions used in this
				Rule.
(a) "Applicant" means any owner
				of a live-aboard who requests the Commissioner grant an extension of time
				beyond 90 days in any calendar year to permit persons to occupy a
				live-aboard.
(b) "Approved Disposal
				System" means an on-site wastewater disposal system suitable for domestic or
				other sewage approved by the Georgia Environmental Protection Division and/or
				local sanitation regulatory authority, as applicable.
(c)"Commissioner" means the Commissioner of
				Natural Resources of the State of Georgia or designee.
(d) "CMPA" means the Coastal Marshlands
				Protection Act of 1970 as amended, O.C.G.A. §
										12-5-280
et
				seq.
(e) "Department"
				means the Department of Natural Resources of the State of Georgia.
(f) "Discharge" means, and shall include,
				spilled, leaked, pumped, poured, emitted or dumped.
(g) "Eligible marina" means any marina that
				meets the criteria set forth in Rule
				391-2-3-.05(4).
(h) "Live-aboard" means a floating vessel or
				other watercraft capable of safe, mechanically propelled navigation under
				average Georgia coastal wind and current conditions which is utilized as a
				human or animal abode and is located at a marina or a mooring area established
				by the department.
(i) "Live-aboard
				operator" means the owner of a live-aboard or any person other than the owner
				who occupies, operates or has charge of the navigation or use of a
				live-aboard.
(j) "Marina" means any
				dock facility that has one or more of the following:
1. Includes fueling, maintenance or repair
				services (regardless of dock length);
2. Is greater than 500 linear feet of dock
				space; or
3. Has dry storage for
				boats in an upland storage yard or vertical rack system.
(k) "Marina operator" means the owner of an
				eligible marina or any person who operates or has charge of an eligible
				marina.
(l) "Sewage" means human or
				animal body wastes and the waste from toilets and other receptacles intended to
				receive or retain body wastes.
Compilation of Rules and Regulations of the State of Georgia › Department 391 - RULES OF GEORGIA DEPARTMENT OF NATURAL RESOURCES › Chapter 391-2 - COASTAL RESOURCES › Subject 391-2-4 - SALTWATER FISHING REGULATIONS › Rule 391-2-4-.01 - Eel Fishing

Current through Rules and Regulations filed
				through June 27, 2024
(1)
Purpose.
The purpose of
				these Rules is to implement the authority of the Board of Natural Resources to
				promulgate rules and regulations based on sound principles of wildlife research
				and management, establishing the commercial and recreational seasons, days, and
				places; methods of fishing and disposition; and size, creel, and possession
				limits for eel.
(2)
Areas
				Open to Commercial Eel Fishing
. It shall be lawful to fish commercially
				for adult eels in the following areas:
(a) In
				any salt waters of this state except as specifically prohibited
				below;
(b) In the Savannah River
				from the saltwater demarcation line to a point one-half mile below the Stevens
				Creek Reservoir Dam;
(c) In the
				Ogeechee River from the saltwater demarcation line to the U.S. Highway 25
				bridge at Millen;
(d) In the
				Altamaha River from the saltwater demarcation line to the confluence of the
				Oconee and Ocmulgee Rivers provided; however, it shall be unlawful to fish
				commercially for eel in the North Altamaha River, except on the ocean side
				(downstream) of the mouth of, but not including, Lewis Creek. Such fishing
				shall also be unlawful in the South Altamaha River, except on the ocean side
				(downstream) of the uppermost entrance of Hammersmith Creek;
(e) In the Oconee River from the confluence
				of the Oconee and Ocmulgee Rivers to a point one-half mile below Lake Sinclair
				Dam;
(f) In the Ocmulgee River from
				the confluence of the Oconee and Ocmulgee Rivers to a point one-half mile below
				Juliette Dam;
(g) In the Satilla
				River from the saltwater demarcation line to the U.S. Highway 84 bridge at
				Waycross;
(h) In the St. Marys
				River from the saltwater demarcation line to Georgia Highway 94 bridge near St.
				George;
Compilation of Rules and Regulations of the State of Georgia › Department 391 - RULES OF GEORGIA DEPARTMENT OF NATURAL RESOURCES › Chapter 391-2 - COASTAL RESOURCES › Subject 391-2-4 - SALTWATER FISHING REGULATIONS › Rule 391-2-4-.02 - Shad Fishing

Current through Rules and Regulations filed
				through June 27, 2024
(1)
Purpose.
The purpose of
				these Rules is to implement the authority of the Board of Natural Resources to
				promulgate rules and regulations based on sound principles of wildlife research
				and management, establishing the commercial and recreational seasons, days and
				places; methods of fishing and disposition; and size, creel, and possession
				limits for shad.
(2)
Areas
				Open to Commercial Shad Fishing.
(a)
				Nets shall be set or fished only in flowing water within the banks of the
				stream channels. Nets may not under any circumstances be set or fished in
				waters that are not flowing such as in sloughs or dead oxbow lakes.
(b) Waters of the Savannah River system open
				to commercial shad fishing are the Savannah River downstream of the U.S.
				Highway 301 bridge, Collis Creek, Abercorn Creek, Front River, Middle River,
				Steamboat River, McCoy's Cut, Housetown Cut, Back River upstream from Corps of
				Engineers New Savannah Cut, New Savannah Cut, North Channel Savannah River
				downstream to a line running due south of the easternmost tip of Oyster Bed
				Island, South Channel Savannah River downstream to a line running from the
				southeast tip of Cockspur Island to the mouth of Lazaretto Creek, and Elba
				Island Cut between North and South Channels of the Savannah River.
(c) Reserved.
(d) Waters of the Altamaha River system open
				to commercial shad fishing are the Ohoopee River upstream to the U.S. Highway 1
				bridge; the Altamaha River downstream of the from U.S. Highway 1 bridge
				including Cobb Creek Oxbow, Beards Creek from its mouth upstream to the
				Long-Tatnall County line (Big Lake), Sturgeon Hole from the Altamaha River to
				the lower mouth of Harper Slough, Old Woman's Pocket, South Branch, General's
				Cut, South Altamaha River, Champney River, Butler River, One Mile Cut, Wood
				Cut, Darien River upstream to the confluence Darien Creek, and Cathead Creek,
				Buttermilk Sound upstream to the mouth of Hampton River, Hampton River,
				Altamaha sound to the sound/beach boundary (see
				391-2-4-.03), Rockdedundy River,
				Little Mud River, South River, Back River, North River upstream to Hird Island
				Creek, and Doboy Sound from the sound/beach boundary upstream to a line from
				range F1 R4 sec A across buoy R "178" to Sapelo Island. Old River and Mid
				Slough of the Penholoway River and Ellis Creek are closed to commercial shad
				fishing.
(e) Reserved.
(f) Reserved.
Compilation of Rules and Regulations of the State of Georgia › Department 391 - RULES OF GEORGIA DEPARTMENT OF NATURAL RESOURCES › Chapter 391-2 - COASTAL RESOURCES › Subject 391-2-4 - SALTWATER FISHING REGULATIONS › Rule 391-2-4-.05 - Shrimp Trawl Gear Specifications. Requirement for Use of Turtle Excluder Devices

Current through Rules and Regulations filed
				through June 27, 2024
(1)
Purpose.
The purpose of
				these Rules is to implement the authority of the Board of Natural Resources to
				promulgate rules and regulations to regulate the times, methods, ways, means,
				and devices of taking wildlife which are necessary to protect threatened and
				endangered sea turtles in state waters.
(2) Definitions.
(a) "Qualified turtle excluder device" or
				"TED" means a device approved by the National Marine Fisheries Service, and
				described in 50 C.F.R. Section 272.72(e)(4)(ii)(A)-(F), or any additional
				device approved by the National Marine Fisheries Service pursuant to 50 C.F.R.
				Section 272.72(e)(4)(iii).
(b)
				"Headrope length" means the straightline length of that portion of the top rope
				of the trawl net from which the net is hung measured between the outermost
				hanging points.
(c) "Perimeter"
				means the opening or entrance to the trawl formed and limited by attachment of
				the net mesh to line, which line is securely attached so as to form a
				continuous perimeter around the leading edge of the net. The perimeter so
				formed is measured from point to point along the line forming the leading edge
				of the net.
Compilation of Rules and Regulations of the State of Georgia › Department 391 - RULES OF GEORGIA DEPARTMENT OF NATURAL RESOURCES › Chapter 391-2 - COASTAL RESOURCES › Subject 391-2-4 - SALTWATER FISHING REGULATIONS › Rule 391-2-4-.06 - Recreational Fishing for Shrimp

Current through Rules and
				Regulations filed through June 27, 2024
(1)
Purpose.
The purpose of
				these Rules is to implement the authority of the Board of Natural Resources to
				promulgate rules and regulations based on sound principles of wildlife research
				and management, establishing the recreational seasons, days, and places;
				methods of fishing and disposition; and size, creel, and possession limits for
				shrimp.
(2)
Food Shrimp.
For the purpose of recreationally fishing for shrimp to be used for
				human consumption, any person who has a recreational fishing license may
				recreationally fish for food shrimp at such times and places as the
				commissioner has established.
(a) Gear.
				Except as otherwise provided by law or regulation, it shall be unlawful to
				recreationally fish for food shrimp in the salt waters of the State of Georgia
				by any means except the following:
1. Food
				shrimp cast net as defined in O.C.G.A.
				27-1-2 (29.1); or a
2. Beach seine of a length and mesh size
				authorized for use in salt waters by
				391-2-4-.12.
Compilation of Rules and Regulations of the State of Georgia › Department 391 - RULES OF GEORGIA DEPARTMENT OF NATURAL RESOURCES › Chapter 391-2 - COASTAL RESOURCES › Subject 391-2-4 - SALTWATER FISHING REGULATIONS › Rule 391-2-4-.07 - Crabbing

Current through Rules and Regulations filed through June 27,
				2024
(1)
Purpose.
The purpose of these Rules is to implement the authority of the Board of
				Natural Resources to promulgate rules and regulations to regulate the times,
				places, numbers, species, sizes, manner, methods, ways, means, and devices of
				taking, capturing, transporting, storing, selling, and using wildlife so as to
				conserve marine crabs, primarily of the species
Callinectes
				sapidus.
(2)
Definitions
.
(a) "Escape ring"
				means a rigid, circular port forming the boundary of an opening placed flush
				with an outside surface of the wire mesh or other material in the wall of the
				crab trap so as to create an unobstructed opening through the wall of the
				trap.
(b)
(i) "Commercial crab trap" means a trap as
				specified in O.C.G.A.
				27-1-2(14) and
				27-4-151(i),
				deployed for the purpose of taking crabs as defined in O.C.G.A.
				27-1-2(21)
				whether such crabs are taken for the purpose of sale or not.
(ii) Additionally, a crab trap shall have
				installed at least two escape rings with unobstructed openings of minimum
				inside diameter of 2 3/8 inches. Such escape rings shall be positioned in the
				crab trap on any of the four vertical, outside walls. For purposes of meeting
				this definition, escape rings shall not be placed on a horizontal outside wall,
				which forms the ceiling, or top of the trap, or the bottom of the
				trap.
(iii) In addition to the
				specifications detailed in subsection (i) of O.C.G.A.
				27-4-151, effective April 1, 2005
				the float attached to any commercial crab trap fished without a commercial
				fishing license or a commercial crabbing license pursuant to that subsection of
				the Code shall be colored fluorescent green or lime green. No commercial crab
				trap fished for the purpose of sale shall be marked with a fluorescent green or
				lime green float.
(c) In
				addition to the specifications detailed in O.C.G.A.
				27-1-2(14), a
				"commercial peeler crab trap" deployed for the purpose of taking "peeler crabs"
				as defined in O.C.G.A.
				27-1-2(47),
				whether such peeler crabs are taken for the purpose of sale or not, shall be
				constructed with a minimum mesh size of one inch, shall have a minimum
				dimension of 24 inches, by 24 inches, by 24 inches and shall be exempt from the
				escape ring requirement specified in subparagraph
				391-2-4-.07(2)(b),
				provided that such a trap is baited only with legal-sized live male blue crabs.
				Other baits including fish or other organisms which attract crabs into such
				traps, shall be prohibited and shall be prima-facie evidence of a violation of
				this paragraph.
Compilation of Rules and Regulations of the State of Georgia › Department 391 - RULES OF GEORGIA DEPARTMENT OF NATURAL RESOURCES › Chapter 391-2 - COASTAL RESOURCES › Subject 391-2-4 - SALTWATER FISHING REGULATIONS › Rule 391-2-4-.08 - Bycatch Reduction Specifications. Requirement for use of Bycatch Reduction Devices

Current through Rules and Regulations filed
				through June 27, 2024
(1)
Purpose.
The purpose of
				these Rules is to implement the authority of the Board of Natural Resources to
				promulgate rules and regulations to regulate the times, methods, ways, means,
				and devices of taking wildlife which are necessary to conserve living marine
				resources.
(2)
Definitions
				used in this rule.
(a) "Centerline"
				means the seam that runs along the top center of the trawl net. In the absence
				of a seam, the centerline runs from the center point of the length of the head
				rope to the furthest distance on top of the cod end of the trawl.
(b) "Certified bycatch reduction device" or
				"BRD" means a device specified in subsection 3(a)(i, ii, and iii) or a device
				certified by the National Marine Fisheries Service.
(c) "Cod end" means the end of a trawl net
				which acts as the receptacle for fish and other organisms caught in the net. It
				is closed and secured, at the extreme end, with a line.
(d) "Functional tailbag length" means that
				portion of the cod end forward of the tail rope tie off rings toward the mouth
				of the trawl net.
(e) "Headrope"
				means a rope that is attached to the upper lip (top edge) of the mouth of a
				trawl net along the forwardmost edge.
(f) "Headrope length" means the straight line
				length of that portion of the top rope of a trawl net from which the net is
				hung measured between the outermost hanging points.
(g) "Try net" means a net pulled for brief
				periods of time just before, or during, deployment of the primary net(s) in
				order to test for shrimp concentrations or determine fishing conditions (e.g.
				presence or absence of bottom debris, jellyfish, bycatch, seagrass,
				etc.).