Title 12 — Conservation And Natural Resources
0 chapters · 906 sections in this title.
O.C.G.A. § 12-5-2 Water Resources Center — Receipt of funds and grants
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The center is authorized to make application for and receive from the federal government such funds and grants as shall be made available under the Water Research and Development Act of 1978, 42 U.S.C. Section 7801, et seq., and to utilize and disburse such funds for such purpose…
O.C.G.A. § 12-5-20 Short title
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This article shall be known and may be cited as the ‘‘Georgia Water Quality Control Act.’’ History. — Ga. L. 1964, p. 416, § 1; Ga. L. 1996, p. 6, § 12.
O.C.G.A. § 12-5-200 Legislative findings
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The General Assembly finds that: (1) Water is an essential resource, the continued provision of which is necessary for the health, safety, and welfare of the State of Georgia; and (2) It is in the best interests of the State of Georgia for public water systems in the Metropolitan …
O.C.G.A. § 12-5-201 Definitions
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As used in this part, the term: (1) ‘‘Authority’’ means the Georgia Environmental Finance Authority created by Code Section 50-23-3. (2) ‘‘District’’ means the Metropolitan North Georgia Water Planning District created by Code Section 12-5-572. (3) ‘‘Emergency plan’’ means the wr…
O.C.G.A. § 12-5-202 District-wide emergency plan
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(a) Subject to authorization as provided in subsection (c) of Code Section 12-5-203, not later than September 1, 2010, the authority shall issue a request for proposal for a thorough and detailed engineering study developing a district-wide emergency plan covering every qualified …
O.C.G.A. § 12-5-203 Requirements, §12-5-202
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Review of progress of plan, §12-5-202. Submission, §12-5-204. Technical panel, §12-5-203. Updating, §12-5-204. Extensions of time. Plan preparation, §12-5-574. Finance committee. Creation, §12-5-580. Findings of legislature, §12-5-571. Funding. Sources of funding, §12-5-577. Goal…
O.C.G.A. § 12-5-204 Editor’s notes
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— Ga. L. 2010, p. 204, § 1/SB 380, not codified by the General Assembly, provides: ‘‘Section 2 of this Act shall be known and may be cited as the ‘Water System Interconnection, Redundancy, and Reliability Act.’ ’’ Section 2 added a new Part 6 to T. 12, C. 5, A. 3. 50-23-28.2. Part…
O.C.G.A. § 12-5-21 Declaration of policy; legislative intent
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(a) The people of the State of Georgia are dependent upon the rivers, streams, lakes, and subsurface waters of the state for public and private water supply and for agricultural, industrial, and recreational uses. It is therefore declared to be the policy of the State of Georgia …
O.C.G.A. § 12-5-212 Annual report
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The department shall make an annual report to the General Assembly which shall include a report on all funds and properties received or disbursed under this part. The department shall not be required to distribute copies of the annual report to the members of the General Assembly…
O.C.G.A. § 12-5-213 Liberal construction of part
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This part, being for the welfare of the state and its inhabitants, shall be liberally construed to effect the purposes hereof. History. — Ga. L. 1967, p. 12, § 11. PART 2 SHORE PROTECTION Editor’s notes. — Ga. L. 1992, p. 1362, § 1, effective July 1, 1992, repealed the Code secti…
O.C.G.A. § 12-5-22 Definitions
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As used in this article, the term: (1) ‘‘Director’’ means the director of the Environmental Protection Division of the Department of Natural Resources. (2) ‘‘Division’’ means the Environmental Protection Division of the Department of Natural Resources. (3) ‘‘Effluent limitation’’…
O.C.G.A. § 12-5-23 Confidentiality of information
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Right of entry for purposes of investigation and inspection. Protection of confidential information, §12-5-26. Conflict of laws. Intent of article provisions as to conflicts with federal laws, §12-5-50. Remedial action to avoid conflicts of law and loss of eligibility, §12-5-50. Cons…
O.C.G.A. § 12-5-23.1 LAKE SEMINOLE
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Protected fresh waters defined. Sewage disposal, §12-5-29. LAKE SINCLAIR. Buffer along banks of state waters. Exception to establishment. Construction of bulkheads and sea walls to prevent erosion, §12-7-6. LAND CONSERVATION.
O.C.G.A. § 12-5-23.2 Water pollution
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Cleaning agents containing phosphorus. Defined, §12-5-27.1. PH WATER QUALITY STANDARDS FOR LAKES, §12-5-23.1. PICNICKING. Authority to prohibit, §12-6-89. PIERS. Permit requirements, §12-5-239. PILINGS. Placement on state owned land, §§12-5-287, 12-5-295. PETROLEUM. Oil and gas de…
O.C.G.A. § 12-5-23.3 Privatization of waste-water treatment facilities
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(a) For purposes of this Code section only, the term: (1) ‘‘LAS permit’’ means Land Application System permit. (2) ‘‘NPDES permit’’ means National Pollutant Discharge Elimination System permit. (3) ‘‘Waste-water treatment facilities’’ means all publicly owned facilities with aver…
O.C.G.A. § 12-5-230 Short title
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This part shall be known and may be cited as the ‘‘Shore Protection Act.’’ History. — Code 1981, § 12-5-230, enacted by Ga. L. 1992, p. 1362, § 1.
O.C.G.A. § 12-5-231 Legislative findings and declarations
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The General Assembly finds and declares that coastal sand dunes, beaches, sandbars, and shoals comprise a vital natural resource system, known as the sand-sharing system, which acts as a buffer to protect real and personal property and natural resources from the damaging effects o…
O.C.G.A. § 12-5-232 Definitions
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As used in this part, the term: (1) ‘‘Applicant’’ means any person who files an application for a permit under this part. (2) ‘‘Bare sand surface’’ means an area of nearly level unconsolidated sand landward of the ordinary high-water mark which does not contain sufficient indigeno…
O.C.G.A. § 12-5-233 Area of operation of part
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The area of operation of this part shall be: 517 12-5-233 CONSERVATION & NATURAL RES. 12-5-234 (1) The dynamic dune fields on the barrier islands of this state as determined by reference to Code Section 12-5-232. Such determination shall be made by the committee on the basis of si…
O.C.G.A. § 12-5-234 Powers and duties of department
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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 issued pursuant to this part; (2) To accept moneys from persons, government units, and private organizations; (3) To conduct public hearings and t…
O.C.G.A. § 12-5-235 Shore Protection Committee
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(a) There is created the Shore Protection Committee within the department. The committee shall be composed of five members, including the commissioner of natural resources and four people selected by the board. Each of three persons selected by the board shall be a resident of Cam…
O.C.G.A. § 12-5-236 Rules and regulations
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The board shall have the power to promulgate rules and regulations for the implementation and enforcement of this part consistent with the purpose of this part. History. — Code 1981, § 12-5-236, enacted by Ga. L. 1992, p. 1362, § 1. 520 12-5-237
O.C.G.A. § 12-5-237 Permit required; exceptions
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(a) No person shall construct or erect any structure or construct, erect, conduct, or engage in any shoreline engineering activity or engage in any land alteration which alters the natural topography or vegetation of any area within the jurisdiction of this part, except in accord…
O.C.G.A. § 12-5-238 Form and contents of application for permit
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All applications for permits required by this part must be on forms prescribed by the committee, must be properly executed, and must include the following: (1) The name and address of the applicant; (2) A brief description of the proposed project; (3) Construction documents showi…
O.C.G.A. § 12-5-239 JET TURBINE FUEL
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Petroleum products. Defined as including, §12-13-3. JOGGING. Scenic trails. Types of trails. Activities used for, §12-3-114. JOINTS. Casing and liner pipe joints. Standards for wells and boreholes, §12-5-134. JUDGES.
O.C.G.A. § 12-5-240 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 529 12-5-240 CONSERVATION & NATURAL RES. 12-5-243 it advisable, the applicant may be required to cause a sign to be erected bearing the permit…
O.C.G.A. § 12-5-241 Local shore assistance programs
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Reserved. Repealed by Ga. L. 2015, p. 385, § 2-3/HB 252, effective July 1, 2015. Editor’s notes. — This Code section was based on Code 1981, § 12-5-241, enacted by Ga. L. 1992, p. 1362, § 1.
O.C.G.A. § 12-5-242 Technical assistance to local governments; model ordinance
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The department shall provide technical assistance to any local unit of government which requests such assistance in order to develop an ordinance meeting the requirements of this part. The department shall also develop a model ordinance which may be used by such local units of go…
O.C.G.A. § 12-5-243 Model ordinance
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Local shore assistance programs, §12-5-242. Technical assistance to local governments, §12-5-242. Permits. Application. Agency action, §12-5-239. Contents, §12-5-238. Form, §12-5-238. Information required, §12-5-238. Notice of proposed activity, §12-5-239. Exceptions to permit re…
O.C.G.A. § 12-5-244 Administrative and judicial review
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(a) Any person who is aggrieved or adversely affected by any order or action of the committee shall, upon petition within 30 days after the issuance of such order or taking of such action, have a right to a hearing before an administrative law judge appointed by the board. The he…
O.C.G.A. § 12-5-245 Injunctive relief
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Any activity in violation of this part or of any ordinance or regulation adopted pursuant to this part shall be a public nuisance; and such activity may be enjoined or abated by an action filed in the appropriate superior court by the Attorney General on behalf of the department, …
O.C.G.A. § 12-5-246 Jurisdiction of superior court
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The superior court of the county in which the land or any part thereof is located or in which jurisdiction is otherwise proper shall have jurisdiction to restrain a violation of this part at the action of any person. History. — Code 1981, § 12-5-246, enacted by Ga. L. 1992, p. 13…
O.C.G.A. § 12-5-247 Enforcement of part; civil penalty
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(a) If the department determines that any person is violating any provision of this part or any rule or regulation adopted pursuant to this part or the terms and conditions of any permit issued under this part, the department may employ any combination of the following: (1) The d…
O.C.G.A. § 12-5-248 Criminal violations
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(a) It shall be unlawful for any person to: (1) Operate any motorized vehicle or other motorized machine on, over, or across sand dunes or beaches except as authorized by the department or committee, except that individual disability vehicles, emergency vehicles, and governmental…
O.C.G.A. § 12-5-25 MARINE TOILETS
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Board of natural resources. Powers and duties to control water pollution, §12-5-23. Sewage and waste disposal. Certificate requirement, §12-5-29. MARSHLANDS. Coastal marshlands protection act of 1970, §§12-5-280 to 12-5-297. MEDICAL WASTE. Permit for thermal treatment technology f…
O.C.G.A. § 12-5-27.1 Sale or use of cleaning agents containing phosphorus
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(a) The General Assembly seeks, through the enactment of this Code section, to set standards limiting the amount of nutrients in various cleaning agents. The General Assembly realizes that the nutrients contained in many of these products serve a valuable purpose in increasing th…
O.C.G.A. § 12-5-28 Annual reports by division
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Annual reports shall be made and filed by the division with the Governor and members of the General Assembly. History. — Ga. L. 1964, p. 416, § 15. 12-5-29. Sewage and waste disposal; withdrawal, diversion, or impoundment of surface waters; certificates required for vessels with ma…
O.C.G.A. § 12-5-280 Short title
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This part shall be known and may be cited as the ‘‘Coastal Marshlands Protection Act of 1970.’’ History. — Ga. L. 1970, p. 939, § 1; Ga. L. 1992, p. 2294, § 1.
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. 538 12-5-282 (3) ‘‘Coastal marshlands’’ or ‘‘marshlands’’ means any marshland intertidal area, mud flat, tidal water bott…
O.C.G.A. § 12-5-284 Shore protection, §12-5-234
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Development of coastal and offshore waters. Departmental powers and duties, §§12-5-210, 12-5-211. Dynamic dune fields. Defined, §12-5-232. COASTAL WATERS AND BEACHES —Cont’d Dynamic dune fields —Cont’d Permit requirements, §12-5-286. Emergencies, §12-5-294. Land-disturbing activitie…
O.C.G.A. § 12-5-285 Short title
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Legislative findings and declarations. Definitions. Area of operation of part. Powers and duties of department. Shore Protection Committee. Rules and regulations. Permit required; exceptions. Form and contents of application for permit. 12-5-286. 12-5-287. 12-5-288. 12-5-289. 340 S…
O.C.G.A. § 12-5-286 Liability of landowners, §12-5-291
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Operation of part provisions. Effect of emergency, §12-5-291. Permits to fill, drain, etc., marshlands, §12-5-286. Application, §12-5-286. 1240 INDEX COASTAL WATERS AND BEACHES —Cont’d Marshlands —Cont’d Coastal marshlands protection act of 1970 —Cont’d Permits to fill, drain, etc.…
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 Size restriction, §12-5-288
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Report by department. Lease applications and leases granted, §12-5-287. Rulemaking. Power of board, §12-5-285. Short title, §12-5-280. State owned marshland or water bottoms. Leasing, §12-5-287. Title of act, §12-5-280. Misdemeanors. Violations of part, §12-5-296. Posting require…
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. § 12-5-29 CERTIFICATES OF APPOINTMENT
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State board of registration for foresters, §12-6-42. CERTIFICATES OF AUTHORIZATION FOR EMISSION INSPECTION STATIONS. Amendment, modification, revocation or suspension, §12-9-52. Authorization to conduct emission inspection, §12-9-49. Defined, §12-9-43. CERTIFICATES OF EMISSION INSP…
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 …