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Georgia Statutes, Title 12

Georgia/Statutes

← All Georgia coverage

Title 12

18 chapters · 1,092 sections in this title.

All chapters in Title 121,092 Ch 5, WATER RESOURCES286 Ch 3, PARKS, HISTORIC AREAS, MEMORIALS, AN…279 Ch 8, WASTE MANAGEMENT150 Ch 6, FOREST RESOURCES AND OTHER PLANT LIFE124 Ch 4, MINERAL RESOURCES AND CAVES50 Ch 9, PREVENTION AND CONTROL OF AIR POLLUTION44 Ch 7, CONTROL OF SOIL EROSION AND SEDIMENT…22 Ch 13, UNDERGROUND STORAGE TANKS22 Ch 12, ASBESTOS SAFETY21 Ch 10, INTERSTATE COMPACTS17 Ch 2, DEPARTMENT OF NATURAL RESOURCES16 Ch 15, SEWAGE HOLDING TANKS AND COMMERCIAL …13 Ch 16, ENVIRONMENTAL POLICY AND REGULATIONS13 Ch 6A, OUTDOOR STEWARDSHIP12

286 sections·Filtered byTitle 12✕Ch 5✕

O.C.G.A. § 12-5-281 Legislative ﬁndings and declarations
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The General Assembly ﬁnds and declares that the coastal marshlands of Georgia comprise a vital natural resource system. It is recognized that the estuarine area of Georgia is the habitat of many species of marine life and wildlife and, without the food supplied by the marshlands,…
O.C.G.A. § 12-5-282 Deﬁnitions
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As used in this part, the term: (1) ‘‘Applicant’’ means any person who ﬁles an application under this part. (2) ‘‘Board’’ means the Board of Natural Resources. (3) ‘‘Coastal marshlands’’ or ‘‘marshlands’’ means any marshland intertidal area, mud ﬂat, tidal water bottom, or salt m…
O.C.G.A. § 12-5-283 Coastal Marshlands Protection Committee created; members; powers; per diem and expenses; administrative hearings and review; permits for minor alterations
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(a) There is created the Coastal Marshlands Protection Committee to be composed of ﬁve members. The commissioner of natural resources and four persons selected by the board shall be the members of this committee. Each of three persons selected by the board shall be a resident of …
O.C.G.A. § 12-5-284 Authority of department as to coastal marshlands generally

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(a) The department shall have the following authority: (1) To administer and enforce this part and all rules, regulations, and orders promulgated under this part and to determine jurisdiction under this part; (2) To accept moneys that are available from persons, government units,…

O.C.G.A. § 12-5-285 Power of board to promulgate rules and regulations

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The board shall have power to promulgate rules and regulations for the implementation and enforcement of this part. History. — Ga. L. 1970, p. 939, § 4; Code 1981, § 12-5-284; Code 1981,§ 12-5-285, as redesignated by Ga. L. 1992, p. 2294, § 1.

O.C.G.A. § 12-5-286 Permit required; application; notice; public hearing; issuance; denial; dynamic dune ﬁelds

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(a)(1) No person shall remove, ﬁll, dredge, drain, or otherwise alter any marshlands or construct or locate any structure on or over marshlands in this state within the estuarine area thereof without ﬁrst obtaining a permit from the committee or, in the case of minor alteration o…

O.C.G.A. § 12-5-287 Leasing of state owned marshland or water bottoms

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(a) The committee, acting for and on behalf of and in the name of the state, is further authorized and empowered to grant and convey to any eligible person a lease of state owned marshland or water bottoms, or a combination thereof, upon such terms and conditions as the committee…

O.C.G.A. § 12-5-288 Restriction on granting of permits; size restriction; activities and structures considered contrary to public interest

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(a) If the project is not water related or dependent on waterfront access or can be satisﬁed by the use of an alternative nonmarshland site or by use of existing public facilities, a permit usually should not be granted pursuant to Code Section 12-5-286. (b) The amount of marshla…

O.C.G.A. § 12-5-289 Inspection of marshlands

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The department, through its officers, staff, and game wardens, shall, in addition to its other duties prescribed by law, make reasonable inspections of the marshlands to ascertain whether the requirements of this part and the rules, regulations, and permits promulgated or issued …

O.C.G.A. § 12-5-290 Jurisdiction to restrain violation of part

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The superior court of the county in which land or any part thereof lies or in which jurisdiction is appropriate shall have jurisdiction to restrain a violation of this part at the action of any person. History. — Ga. L. 1970, p. 939, § 7; Code 1981, § 12-5-287; Code 1981, § 12-5-…

O.C.G.A. § 12-5-291 Enforcement of part

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(a) In order to enforce this part or any orders issued under this part or any rules and regulations promulgated under this part, any one or any combination of any or all of the following methods may be employed: (1) Whenever any person not exempted from this part by Code Section …

O.C.G.A. § 12-5-292 Posting of permit

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A copy of every permit issued to an applicant shall be prominently displayed within the area of proposed activity. If the committee deems it advisable, the applicant may be required to cause a sign to be erected bearing the permit number, date of issuance, name of applicant, and …

O.C.G.A. § 12-5-293 Effect on permit of sale, lease, or other conveyance of land

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If a permit holder sells, leases, rents, or otherwise conveys the land or any portion thereof for which the permit was issued, and if the permittee has notiﬁed the department within 30 days of such transfer or conveyance, such permit shall be continued in force in favor of the ne…

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. § 12-5-310 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 Cutting, harvesting, removing, or eradicating sea oats

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It is unlawful for any person to cut, harvest, remove, or eradicate any of the grass commonly known as sea oats (Uniola paniculata L.) from any public land of this state or from any private land without the consent of the owner of such land or the persons having lawful possession…

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.

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 regulatory authority or management or planning authority in the coastal area shall administer such authority in conformity with the provisions o…

O.C.G.A. § 12-5-327 Duty of department to prepare document for submission to Governor; duty to prepare report every three years

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(a) The department shall prepare a document reﬂecting the Georgia coastal management program for submission to the Governor. The Governor shall have the authority to review and approve such document. Once approved, the Governor shall have the authority to submit the document reﬂe…

O.C.G.A. § 12-5-331 Duties and powers of department as to development of state’s rivers

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(a) The Department of Natural Resources shall negotiate with the proper authorities of the United States from time to time concerning the development of the rivers of Georgia with particular reference to ﬂood control. The department shall be privileged to appear before committees…

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.

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 ment, diversion, straightening, rip-rapping, or other modiﬁcation of the waterway. (2) ‘‘River’’ means a ﬂowing bod…

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 Construction, operation, or maintenance of dams, reservoirs, or other structures on scenic rivers; acquisition of land within boundaries of scenic rivers

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After designation of any river or section of a river as a scenic river by the General Assembly pursuant to Code Section 12-5-352: (1) No dam, reservoir, or other structure impeding the natural ﬂow of the waterway shall be constructed, operated, or maintained in such river or sect…

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 Powers and duties of board as to dams and artiﬁcial barriers

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In the performance of its duties, the board shall: (1) Establish by rule or regulation such policies, requirements, or standards governing the construction, operation, and maintenance of dams or artiﬁcial barriers permitted or required to be permitted under this part, including, …

O.C.G.A. § 12-5-375 Inventory and classiﬁcation of dams; investigations; technical assistance to local government; artiﬁcial barriers; notice requirements; provision of information regarding dams to clerks of superior co

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(a) It shall be the duty of the director to inventory the dams in this state and to classify each dam into one of the following categories: (1) Category I — Dams where improper operation or dam failure would result in probable loss of human life. Situations constituting ‘‘probabl…

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 Subclassiﬁcation of category I dams by director; minimum spillway design requirements

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(a) For the purposes of this Code section: (1) ‘‘Acre-feet’’ means the measurement of the impounding capacity of a dam as described in paragraph (4) of Code Section 12-5-372. (2) ‘‘Height’’ means the height of a dam determined in the manner described in paragraph (4) of Code Sect…

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. (b) Prior to the commencement of removing any such dam, such owner or operator shall apply to the director on forms su…

O.C.G.A. § 12-5-378 Inspection of dams and other barriers; administrative orders to enforce compliance; emergency action by director

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(a) The director or any authorized agency with which the director has entered into a contract on behalf of the division is authorized to make a visual inspection of any dam or other artiﬁcial barrier for which a permit is or may be required by this part and to enter on any proper…

O.C.G.A. § 12-5-379 Investigations; right of access by division; right to require statements and reports regarding construction and operation of dams; refusal of access or interference

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(a) The division shall have the right to direct and conduct such investigations as it may reasonably deem necessary to carry out its duties as prescribed in this part. For this purpose, the employees of the division or any authorized representatives shall have the right to enter …

O.C.G.A. § 12-5-380 Administrative and judicial review

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Any person who is aggrieved or adversely affected by an order or action of the director shall be entitled to administrative and judicial review in accordance with subsection (c) of Code Section 12-2-2. History. — Ga. L. 1978, p. 795, § 11; Ga. L. 1980, p. 922, § 1; Ga. L. 1984, p…

O.C.G.A. § 12-5-380.1 Orders of director or administrative law judge ﬁled in superior court; effect of ﬁling

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The division may ﬁle in the superior court in the county in which the person under order resides or in the county in which the violation occurred or, if the person is a corporation, in the county in which the corporation maintains its principal place of business a certiﬁed copy o…

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. § 12-5-383 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.…

O.C.G.A. § 12-5-385 Criminal and civil penalties

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(a) Any person who engages in any action made unlawful by this part shall be guilty of a misdemeanor. Each day of continued violation after conviction shall constitute a separate offense. (b) As an alternative to criminal enforcement pursuant to subsection (a) of this Code sectio…