Title 12 — Conservation And Natural Resources
0 chapters · 906 sections in this title.
O.C.G.A. § 12-5-293 Heritage preserves
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Conveyance to local government or private entity subject to easement in state, §12-3-76. Sapelo Island Heritage authority. Authority’s property not subject to filing requirements, §12-3-446. Stone Mountain Memorial Association. Property, etc., to association, §12-3-196. COOSA VALL…
O.C.G.A. § 12-5-294 Existence of an emergency; order; right to hearing
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In the event of an emergency, whether created by act of God or by actions of domestic or foreign enemies, or in circumstances where grave peril to human life or welfare exists, the committee shall issue an order reciting the existence of such an emergency and requiring or allowin…
O.C.G.A. § 12-5-295 Applicability of part
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This part shall not apply to the following: (1) Activities of the Department of Transportation incident to constructing, repairing, and maintaining a public road system in Georgia; (2) Activities of the Department of Transportation and political subdivisions in maintaining existi…
O.C.G.A. § 12-5-296 Criminal violation
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Any person violating any of the provisions of this part shall be guilty of a misdemeanor. History. — Ga. L. 1970, p. 939, § 10; Code 1981, § 12-5-293; Code 1981, § 12-5-296, as redesignated by Ga. L. 1992, p. 2294, § 1.
O.C.G.A. § 12-5-297 Liability for damages
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Any person who causes or permits any removal, filling, dredging, or draining or other alteration of marshlands in this state within the estuarine area thereof without first obtaining a permit from the committee shall be liable in damages to the state and any political subdivision t…
O.C.G.A. § 12-5-3 Water well standards act of 1985
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General provisions, §§12-5-120 to 12-5-138. DROUGHT.
O.C.G.A. § 12-5-30 Water well standards
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Pollutant. Defined as including dredged spoil, §12-5-122. DISCONTINUANCE.
O.C.G.A. § 12-5-30.1 Major spills by publicly owned treatment works
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(a) As used in this Code section, the term: (1) ‘‘Board’’ means the Board of Natural Resources. (2) ‘‘Consistently exceeding an effluent limitation’’ means a POTW’s exceeding the POTW’s assigned effluent limitation for at least five days out of each seven-day period during a total…
O.C.G.A. § 12-5-30.2 Combined sewer overflow systems
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(a) As used in this Code section, the term ‘‘combined sewer overflow’’ or ‘‘CSO’’ means a sewage system so designed or constructed as to allow surface-water runoff to enter the conduit carrying sewage, industrial waste, or other waste and, when such conduit exceeds its maximum cap…
O.C.G.A. § 12-5-30.3 Sludge land application systems
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(a) As used in this Code section, the term: (1) ‘‘Sludge’’ means the solid or semisolid residue generated at a waste-water treatment or pretreatment plant. Such term specifically excludes treated effluent, septage, and sludge that has been treated to further reduce pathogens by su…
O.C.G.A. § 12-5-30.4 Establishment of water emergency response procedures
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(a) Whenever any substance which would endanger the health or property of downstream users of the waters of this state is discharged into such waters, it shall be the duty of any person in charge of such substance to immediately notify the division of the location and nature of t…
O.C.G.A. § 12-5-31 Surface-water management
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Area-wide waste treatment management, §12-5-39. Contracts and compacts. Power of director, §12-5-24. Division powers with respect to federal acts, §12-5-32. Federal construction grants program. Management by division, §12-5-38. Grants to counties, municipalities, etc., §12-5-33. …
O.C.G.A. § 12-5-310 Legislative purpose
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It is the purpose of this part to protect the beaches and shores of the state from erosion by preserving natural vegetative cover to bind the sand of such beaches and shores. History. — Ga. L. 1973, p. 727, § 1.
O.C.G.A. § 12-5-311 Legislative purpose, §12-5-310
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Penalty. Cutting, harvesting, etc., of sea oats, §12-5-312. Public policy, §12-5-310.
O.C.G.A. § 12-5-312 Shore protection act, §12-5-248
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Violations of part, §12-5-296. Dam safety, §12-5-385. Drinking water. Violation of part provisions, §12-5-193. Environmental protection division. Refusal of inspection pursuant to an inspection warrant, §12-2-2. Forest fires. Permit requirement for burning woods, lands, etc., §12-…
O.C.G.A. § 12-5-320 Short title
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This part shall be known and may be cited as the ‘‘Georgia Coastal Management Act.’’ History. — Code 1981, § 12-5-320, enacted by Ga. L. 1997, p. 1037, § 1. 12-5-321. Legislative findings.
O.C.G.A. § 12-5-321 Legislative findings
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The General Assembly finds and declares that the coastal area of Georgia comprises a vital natural resource system. The General Assembly recognizes that the coastal area of Georgia is the habitat of many species of marine life and wildlife which must have clean waters and suitable…
O.C.G.A. § 12-5-322 Definitions
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As used in this part, the term: (1) ‘‘Activity’’ or ‘‘activities’’ means an action or actions which will have reasonably foreseeable effects upon land use, water use, or natural resources of the coastal area. (2) ‘‘Board’’ means the Board of Natural Resources. (3) ‘‘Certification …
O.C.G.A. § 12-5-323 Powers and duties of department
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The department shall have the following authority, which shall not be delegated to any other state agency: (1) To prepare and administer a Georgia coastal management program and to monitor and inform appropriate local, state, and federal agencies concerning enforcement of this pa…
O.C.G.A. § 12-5-324 Power of board to promulgate rules and regulations
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The board shall have the authority to promulgate rules and regulations for the implementation of the Georgia coastal management program in accordance with Chapter 13 of Title 50, the ‘‘Georgia Administrative Procedure Act.’’ History. — Code 1981, § 12-5-324, enacted by Ga. L. 199…
O.C.G.A. § 12-5-325 Additional duties of department
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The department shall, in addition to its other duties prescribed by law, coordinate and cooperate with other state agencies, as necessary, as provided in paragraph (1) of Code Section 12-5-323, and to make reasonable inspections within the coastal area where activities have been …
O.C.G.A. § 12-5-326 Duties of other state agencies in relation to this part
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All state agencies shall coordinate and cooperate with the department in the administration of this part. All state agencies exercising 565 12-5-326 CONSERVATION & NATURAL RES. 12-5-327 regulatory authority or management or planning authority in the coastal area shall administer …
O.C.G.A. § 12-5-327 Rules and regulations
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Board of natural resources, §12-5-324. State agencies. Defined, §12-5-322. Department of natural resources. Cooperation and coordination with state agencies, §§12-5-325, 12-5-326. Duties, §12-5-326.
O.C.G.A. § 12-5-328 Dam safety
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Generally, §§12-5-370 to 12-5-385. Deep drilling for oil, gas, etc., §§12-4-40 to 12-4-54. Definitions. Procedure for amending environmental regulations, §12-16-20. Drinking water. Georgia safe drinking water act of 1977, §§12-5-170 to 12-5-193. Energy. Southern states energy comp…
O.C.G.A. § 12-5-329 Short title
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Legislative findings. Definitions. Powers and duties of department. Power of board to promulgate rules and regulations. Additional duties of department. Duties of other state agencies in relation to this part. Duty of department to prepare document for submission to Governor; duty …
O.C.G.A. § 12-5-330 Resources Advisory Board, Southeast River Basins
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Reserved. Repealed by Ga. L. 2001, p. 873, § 3, effective July 1, 2001. Editor’s notes. — This Code section was based on Ga. L. 1964, p. 244; Ga. L. 1965, p. 508, § 1. 567 12-5-331 CONSERVATION & NATURAL RES. 12-5-351 12-5-331. Duties and powers of department as to development of…
O.C.G.A. § 12-5-331 Short title
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Definitions. Rivers comprising the Georgia Scenic River System. Duties of department as to scenic rivers. Construction, operation, or maintenance of dams, reservoirs, or other structures on scenic rivers; acquisition of land within boundaries of scenic rivers. PART 3 PART 6 12-5-3…
O.C.G.A. § 12-5-35 Amount of state grant, §12-5-34
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Title of act, §12-5-20. Trade secrets. Right of entry for purposes of investigation and inspection. Protection of secret processes, methods, etc., §12-5-26. Transfer of water from one river basin to another, §12-5-29. Turbity data submitted by laboratories. Inapplicability or acc…
O.C.G.A. § 12-5-350 Short title
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This part shall be known and may be cited as the ‘‘Georgia Scenic Rivers Act of 1969.’’ History. — Ga. L. 1969, p. 933, § 1. 12-5-351. Definitions.
O.C.G.A. § 12-5-351 Definitions
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As used in this part, the term: (1) ‘‘Free-flowing,’’ as applied to any river or section of a river, means existing or flowing in natural condition without impound568 12-5-352 ment, diversion, straightening, rip-rapping, or other modification of the waterway. (2) ‘‘River’’ means a fl…
O.C.G.A. § 12-5-352 Rivers comprising the Georgia Scenic River System
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(a) The Georgia Scenic River System shall be comprised of the following: (1) That portion of the Jacks River contained within the Cohutta National Wilderness Area and located in Fannin and Murray counties, Georgia, which portion extends a length of approximately 16 miles; (2) Tha…
O.C.G.A. § 12-5-353 Duties of department as to scenic rivers
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(a) The Department of Natural Resources shall study and from time to time recommend to the Governor and General Assembly rivers or sections of rivers to be considered for designation as scenic rivers. Each recommendation shall be accompanied by a report showing the proposed area …
O.C.G.A. § 12-5-354 Acquisition of land
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Land within boundaries of scenic rivers, §12-5-354. Citation of title, §12-5-350. Dams. Construction, operation, etc., of dams on scenic rivers, §12-5-354. Definitions, §12-5-351. Department of natural resources. Duties generally, §12-5-353. Georgia scenic river system. Rivers com…
O.C.G.A. § 12-5-370 Short title
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This part shall be known and may be cited as the ‘‘Georgia Safe Dams Act of 1978.’’ History. — Ga. L. 1978, p. 795, § 1.
O.C.G.A. § 12-5-371 Declaration of purpose
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It is the purpose of this part to provide for the inspection and permitting of certain dams in order to protect the health, safety, and welfare of all the citizens of the state by reducing the risk of failure of such dams. The General Assembly finds and declares that the inspectio…
O.C.G.A. § 12-5-372 Definitions
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As used in this part, the term: (1) ‘‘Board’’ means the Board of Natural Resources. (2) ‘‘Commission’’ means the State Soil and Water Conservation Commission. (3) ‘‘Construct’’ or ‘‘construction’’ means the building of any artificial barrier, together with appurtenant works, for t…
O.C.G.A. § 12-5-373 Powers and duties of director generally
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In addition to any other powers and duties provided for in this part, the director shall have and may exercise the following powers and duties: (1) To exercise general supervision over the administration and enforcement of this part and all rules and regulations and orders promul…
O.C.G.A. § 12-5-374 Category I dams, §12-5-375
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Category II dams, §12-5-375. Clerks of superior courts. Information relating to category I and category II dams in county. Director to supply annually to, §12-5-375. Commissioner of transportation.
O.C.G.A. § 12-5-375 Commissioner of transportation
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Powers as to contracting requirements, §12-5-382. Construction resulting in change in category of dam. Notice to owner and local unit of government, §12-5-375. Department of natural resources. Powers and duties generally, §§12-5-373, 12-5-375. Erosion and sedimentation act. Inapp…
O.C.G.A. § 12-5-376 Permits to construct and operate dams
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(a) Any person who desires to construct a dam but has not commenced such construction as of July 1, 1978, shall obtain a permit from the director to construct a dam prior to commencement of construction. Any person who is operating a dam or who is in the physical process of const…
O.C.G.A. § 12-5-376.1 Powers and duties
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Board of natural resources, §12-5-374. Commissioner of transportation, §12-5-382. Environmental protection division, §§12-5-373, 12-5-375. Refusal of access, §12-5-379. Right of access, §12-5-379. Short title, §12-5-370. Title of act, §12-5-370. Georgia water supply act of 2008, …
O.C.G.A. § 12-5-377 Dam removal
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(a) It shall be unlawful for the owner or operator of any dam for which a permit is required by this part to remove the dam without the approval of the director. 583 12-5-377 CONSERVATION & NATURAL RES. 12-5-378 (b) Prior to the commencement of removing any such dam, such owner o…
O.C.G.A. § 12-5-378 Permits, §12-5-376
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Requirement of conformance with rules and regulations, etc., §12-5-384. Right to require statements and reports, §12-5-379. Criminal and civil penalties, §12-5-385. Dam removal, §12-5-377.
O.C.G.A. § 12-5-379 Investigations, §12-5-379
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Legislative purpose, §12-5-371. Liability for damages, §12-5-383. Minimum spillway design requirements, §12-5-376.1. Penalties, §12-5-385. Disciplinary actions against permittees, §12-5-376. Permits. Disciplinary actions against permittees, §12-5-376. Minimum spillway design requ…
O.C.G.A. § 12-5-380 Department of natural resources
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Archaeological exploration, excavation, etc. Administrative appeal of department orders, §12-3-52. Drinking water. Emergency orders, §12-5-187. Hearings. Contested cases, §12-5-186. Procedures for imposing civil penalties, §12-5-192. Environmental protection division. Inspection …
O.C.G.A. § 12-5-380.1 SUPPORT AND MAINTENANCE
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Child support. License suspension or denial for failure to pay. Forestry licenses, §12-6-49.1. License suspension or denial. Failure to pay child support. Forestry licenses, §12-6-49.1. SURFACE MINING, §§12-4-70 to 12-4-84. Appeal to superior court, §12-4-78.
O.C.G.A. § 12-5-381 Injunctive relief
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Whenever in the judgment of the director any person has engaged in or is about to engage in any act or practice which constitutes or will constitute an unlawful action under this part, he may make application to the superior court of the county in which the unlawful act or practi…
O.C.G.A. § 12-5-382 Power of commissioner of transportation as to contracts relating to part
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The commissioner of transportation is authorized to enter into contracts on behalf of the Department of Transportation with the division for the purpose of carrying out this part. History. — Ga. L. 1978, p. 795, § 16; Ga. L. 1984, p. 454, § 9.
O.C.G.A. § 12-5-383 Liability for damages
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(a) Nothing in this part shall be construed to constitute a waiver of the sovereign immunity of the state, the board, or the division. No action shall be brought against the state, the board, the division, or any member, officer, or employee of the state, the board, or the divisi…
O.C.G.A. § 12-5-384 Conformance to and compliance with part required
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It shall be unlawful for any person to own, construct, operate, or remove a dam or other artificial barrier dealt with in this part, except in such a manner as to conform to and comply with this part and with all rules, regulations, orders, and permits established under this part.…