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-.03 - Regulation of Marinas, Community Docks and Commercial Docks

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 for
				permitting under and enforcement of the Coastal Marshlands Protection Act. This
				Chapter establishes standards and procedures to be applied by the Coastal
				Marshlands Protection Committee when reviewing applications for a permit to
				construct or modify a marina, commercial dock, or community dock on or over
				marshlands within the estuarine area of the state.
(2)
Definitions used in this
				Rule.
(a) "303(d) listed stream" means
				a stream, stream segment, or other surface waterbody identified on a list
				submitted biannually to the U.S. Environmental Protection Agency by the Georgia
				Environmental Protection Division, known as the 303(d) list. Inclusion on the
				303(d) list denotes the waterbody segment as impaired because it does not meet
				one or more designated uses (i.e. Fishing, Recreation, etc.) and for which one
				or more total maximum daily loads needs to be developed.
(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) "Commercial Dock" means a dock providing
				500 linear feet or less of docking space for vessels inclusive of commercial
				vessels.
(d) "Committee" means
				Coastal Marshlands Protection Committee.
(e) "Community dock" means a dock providing
				500 linear feet or less of docking space which is a subdivision or community
				recreational amenity providing water access for residents, and which may or may
				not entail a fee. A dock meeting this definition but providing more than 500
				feet of docking space is treated as a marina, as defined in these
				rules.
(f) "Department" means the
				Georgia Department of Natural Resources.
(g) "Effective shading" means the amount of
				shading realized by utilizing alternative walkway decking material or
				alternative walkway design when compared to shading associated with traditional
				planking construction.
(h) "Fixed
				dock" means a dock, constructed on pilings, that is fixed in elevation, i.e.,
				that does not float on the water.
(i) "Fixed terminal platform" means the
				platform constructed on pilings at the terminal, waterward end of a
				dock.
(j) "Floating dock" means a
				dock that floats on the water to which watercraft are tied for
				mooring.
(k) "Heritage preserve
				marshlands "means those marshlands that have been dedicated as a heritage
				preserve by the Governor pursuant to O.C.G.A.
				12-3-75.
(l) "Impaired water" means a stream, stream
				segment, or other surface waterbody that does not meet water quality standards
				and that is identified in the most recent 303(d) list as an "Impaired Water.
				"
(m) "Improvements" means
				additions to or enhancements of raw land or structures that normally increase
				its usefulness and/or value, which are constructed in accordance with
				applicable legal requirements at the time of such construction and are intended
				to remain attached to or associated with the project.
(n) "Manatee Basics for Boaters" means a 3'
				by 4' manatee educational display sign referenced in certain leases or permits,
				which contains standardized content pre-approved by the Wildlife Resources
				Division Wildlife Conservation Section.
(o) "Manatee Travel Corridor" means
				channel(s) or waterway(s) that manatees are known to frequent and/or travel
				through, as determined by telemetry studies, aerial surveys and the Wildlife
				Resources Division's Wildlife Conservation Section's public sightings
				database.
(p) "Marina" means any
				dock facility which has any 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.
(q) "Minor alteration" means any change in
				the marshlands which taken singularly or in combination with other changes,
				involves less than 0.10 acres.
(r)
				"Model Ordinance within the Guide for Molluscan Shellfish Control in the
				National Shellfish Sanitation Program" means the requirements which are
				minimally necessary for the sanitary control of molluscan shellfish, as
				established by the National Shellfish Sanitation Program, a voluntary and
				cooperative program established in 1925 and comprised of federal, state and
				municipal authorities and representatives of the shellfish industry.
(s) "Modification" means a structural change
				to a community dock, commercial dock, or marina facility, whether existing but
				not permitted, existing and permitted, or permitted and yet to be
				constructed.
(t) "Project" means
				the proposed construction or maintenance activity identified in an application
				for a marshlands permit within the contemplation of the Coastal Marshlands
				Protection Act. A project may consist of two components: a marshlands component
				and an upland component, as defined in Rule
				391-2-3-.02(1).
(u) "Tier One Community Crab Dock" means a
				community dock consisting of a single fixed walkway and an "L" or "T" shaped
				fixed terminal platform, supported on pilings, lacking floats, and from which
				water dependent activities such as fishing may be conducted.
(v) "Tier Two Community Dock" means a
				community dock consisting of a single fixed walkway and terminal fixed
				platform, supported on pilings, connecting ramp(s), and floating dock(s), and
				from which water dependent activities such as boating and fishing may be
				conducted.
(w) "Tier Three
				Community Dock" means a community dock consisting of a single fixed walkway and
				terminal fixed platform, supported on pilings, connecting ramp(s), and floating
				dock(s), and which does not qualify under a Tier One Community Crab Dock or a
				Tier Two Community Dock, and from which water dependent activities such as
				boating and fishing may be conducted.