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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

124 sections·Filtered byTitle 12✕Ch 6✕

O.C.G.A. § 12-6-1 Deﬁnitions
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As used in this part, the term: (1) ‘‘Commission’’ means the State Forestry Commission. (2) ‘‘Director’’ means the director of the State Forestry Commission.
O.C.G.A. § 12-6-10 Reports to General Assembly
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It shall be the duty of the commission, in cooperation with the director provided for in Code Section 12-6-11, to: (1) Annually submit reports to each regular session of the General Assembly together with such information as is necessary to show the condition of the forest resour…
O.C.G.A. § 12-6-110 Powers and duties of State Forestry Commission as to forestry research
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The State Forestry Commission shall have the following duties and powers: (1) To investigate subjects or methods, means, and ways of carrying out such forestry research as it may determine most desirable or necessary in any phase of forestry, or any research which would beneﬁt th…
O.C.G.A. § 12-6-111 Employment by State Forestry Commission of assistants and other employees
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The State Forestry Commission shall have the power to employ such assistants, technical, clerical, or otherwise, and such other employees as the commission in the exercise of its discretion shall deem necessary or proper to the effectual discharge of the duties and the exercise o…

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O.C.G.A. § 12-6-112 Appropriations, grants, or gifts to State Forestry Commission for forestry research

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(a) For carrying out any of the objectives stated in Code Section 12-6-110, the State Forestry Commission may accept appropriations, grants, or gifts from the federal government; the state government; any county, municipal, or local government; any board, bureau, commission, agen…

O.C.G.A. § 12-6-12 Director — Duty of director to devote full time to office; power and duty of director to act for commission when commission not in session

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The director shall devote his full time to the duties of his office; and when the commission is not in session, the director shall have power, and it shall be his duty, to act in all matters as fully as the commission is authorized, except in such matters where the approval of th…

O.C.G.A. § 12-6-13 Director — Oath; bond; location of office

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The director shall take oath of office and give bond in the sum of $10,000.00 in the usual form required of state officials. The director shall have offices at the site of the state capitol or at such other place as may be recommended by the commission and approved by the Governo…

O.C.G.A. § 12-6-14 Director — Eligibility of commission members for directorship or for employment under commission or director

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No member of the commission during his tenure of office or within two years thereafter shall be eligible for appointment as director or for any employment under the commission or the director. History. — Ga. L. 1949, p. 1079, § 8; Ga. L. 1955, p. 309, § 23.

O.C.G.A. § 12-6-146 Legislative ﬁndings and purpose

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(a) It is declared by the General Assembly that prescribed burning is a resource protection and land management tool which beneﬁts the safety of the public, Georgia’s forest resources, the environment, and the economy of the state. The General Assembly ﬁnds that: (1) Prescribed b…

O.C.G.A. § 12-6-147 Deﬁnitions

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As used in this part, the term: (1) ‘‘Commission’’ means the State Forestry Commission. (2) ‘‘Prescribed burning’’ means the controlled application of ﬁre to existing vegetative fuels under speciﬁed environmental conditions and following appropriate precautionary measures, which …

O.C.G.A. § 12-6-148 Requirements for prescribed burning; limitation on liability

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(a) Prescribed burning conducted under the requirements of this part shall: (1) Be accomplished only when an individual with previous prescribed burning experience or training is in charge of the burn and is present on site until the ﬁre is adequately conﬁned to reasonably preven…

O.C.G.A. § 12-6-149 Fire manager program authorized; record-keeping requirements; public information campaign

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(a) The commission may promulgate a certiﬁed prescribed ﬁre manager program whereby practitioners may become qualiﬁed and registered under this part. (b) The commission shall utilize the same or similar record-keeping requirements of Part 3 of this article, the ‘‘Georgia Forest F…

O.C.G.A. § 12-6-15 Director — Adoption of rules, regulations, and methods of administration

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The director, with the approval of the commission, shall have the power to adopt all rules, regulations, and methods of administration necessary for the efficient operation of the activities of the commission as created and established by this part. History. — Ga. L. 1949, p. 107…

O.C.G.A. § 12-6-16 Director — Control of tree diseases and insect infestation

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(a) Whenever the director or his agents determine that there exists an infestation of forest insect pests or an infection of forest tree diseases, injurious or potentially injurious to the timber or forest trees within the state, and that the infestation or infection is of such a…

O.C.G.A. § 12-6-17 Director — Regulation of controlled burning where drought or other conditions exist

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(a) Whenever in the judgment of the director, because of drought or other conditions, controlled burning of woods, lands, marshes, refuse, or other combustible materials in any county or counties or in any area within a county constitutes an unusual hazard to property, the direct…

O.C.G.A. § 12-6-18 Director — Expenditure of funds for beneﬁt of lands under commission’s control; sale and disposal of products from controlled lands

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When lands are acquired or leased under this part, the director, with the approval of the commission, is authorized to make expenditures of funds, not otherwise obligated, for the management, development, and utilization of such areas and to sell and otherwise dispose of the prod…

O.C.G.A. § 12-6-19 Director — Promulgation of rules and regulations as to lands under commission’s control; sale, lease, or exchange of controlled lands

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The director, with the approval of the commission, is authorized to establish and from time to time alter rules and regulations governing the use, occupancy, and protection of the land and property under the commission’s control and to preserve the peace therein. The director, wi…

O.C.G.A. § 12-6-2 Creation of State Forestry Commission; members; terms of office; ineligibility of Governor for membership; vacancies; effect of appointment when Senate not in session

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(a) There is created and established a State Forestry Commission. (b) The commission shall be composed of seven members. Four of the members shall be owners, or representatives of owners, of 50 acres or more of forest land within the State of Georgia. Two members shall be manufac…

O.C.G.A. § 12-6-20 Investigation and enforcement of forestry laws; powers of forestry investigators

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(a) As used in this Code section, the term ‘‘forestry laws’’ means laws relating to forestry or timber resources and the protection, security, conservation, or sale of such resources. (a.1) The director, with the approval of the commission, may appoint investigators to enforce th…

O.C.G.A. § 12-6-21 Uncontrolled ﬁre as constituting a public nuisance; duties and liabilities of person or entity responsible

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Any ﬁre burning uncontrolled on any forested or cut-over brush land or grassland is declared to be a public nuisance by reason of its menace to life and property. Any person, ﬁrm, or corporation responsible either for the starting or for the existence of such ﬁre is required to c…

O.C.G.A. § 12-6-22 Investigation of tree diseases or insect infestation; notiﬁcation of landowner; recommendations; effect of landowner’s failure to act; disposition of proceeds derived from sale of trees

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(a) The commission shall have the authority to enter upon any land on which the commission believes the trees are suffering from an infestation or infection for the purpose of determining whether such infestation or infection exists, the location thereof, and the extent and cause…

O.C.G.A. § 12-6-22.1 Control of aviation; power of commission

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(a)(1) The commission shall be authorized to acquire, operate, maintain, house, and dispose of all state aviation assets assigned to the commission, to provide aviation services and oversight of such state aircraft and aviation operations for the mission of the commission and leg…

O.C.G.A. § 12-6-23 Scale load ticket required for wood removal; form; exceptions

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(a) Any person, company, corporation, or others purchasing timber from lands in Georgia shall, within 20 days of removal of such timber, furnish the seller of timber a scale ticket for each and every load of wood removed, when such load is sold by weight, cord, or measure of boar…

O.C.G.A. § 12-6-24 Notice of timber harvesting operations; standing timber notiﬁcation website; rules and regulations; bonds and letters of credit

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(a)(1) A county governing authority may by ordinance or resolution require all persons or ﬁrms harvesting standing timber in any unincorporated area of such county for delivery as pulpwood, logs, poles, posts, or wood chips to any woodyard or processing plant located inside or ou…

O.C.G.A. § 12-6-3 Chairman; reimbursement of members for expenses; meetings

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(a) The commission shall elect a chairman annually. (b) The members of the commission, including the chairman, shall receive such per diem subsistence allowances for each day of actual attendance at the meetings of the commission, as well as mileage to and from the place of meeti…

O.C.G.A. § 12-6-4 Dismissal of members for failure to attend meetings

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If any member of the commission, for any cause, fails to attend three successive meetings of the commission without good and valid cause or excuse or without leave of absence from the chairman his office shall be declared vacant by the commission. The chairman shall notify the Go…

O.C.G.A. § 12-6-40 Legislative purpose

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It is the purpose of this part to protect the public by improving the standards relative to the practice of professional forestry. History. — Ga. L. 1951, p. 581, § 1; Ga. L. 1959, p. 161, § 1.

O.C.G.A. § 12-6-41 Deﬁnitions

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As used in this part, the term: (1) ‘‘Board’’ means the State Board of Registration for Foresters provided for by this part. (2) ‘‘Professional forestry’’ or ‘‘practice of professional forestry’’ means any professional service relating to forestry, such as investigation, evaluati…

O.C.G.A. § 12-6-42 State Board of Registration for Foresters — Creation; appointment of members; certiﬁcate of appointment; oath; term of office

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(a) A State Board of Registration for Foresters is created whose duty it shall be to administer this part. (b) The board shall consist of ﬁve foresters who shall be selected and appointed by the Governor and who shall have the qualiﬁcations required by Code Section 12-6-43. (c) I…

O.C.G.A. § 12-6-43 State Board of Registration for Foresters — Qualiﬁcations of members

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Each member of the board shall be a citizen of the United States and a resident of Georgia and shall have been engaged in the practice of forestry for at least ten years, provided that only the citizenship and residency requirements of this Code section shall apply to the member …

O.C.G.A. § 12-6-44 State Board of Registration for Foresters — Compensation of members

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Each member of the board shall be reimbursed as provided for in subsection (f ) of Code Section 43-1-2. History. — Ga. L. 1951, p. 581, § 5.

O.C.G.A. § 12-6-45 State Board of Registration for Foresters — Removal of members; vacancies

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The Governor may remove any member of the board for misconduct, incompetency, or neglect of duty. Vacancies in the membership of the board shall be ﬁlled for the unexpired term by appointment only as provided in this part. History. — Ga. L. 1951, p. 581, § 6.

O.C.G.A. § 12-6-46 State Board of Registration for Foresters — Meetings; officers

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The board shall hold meetings as necessary. The board shall elect or appoint annually a chairman and a vice-chairman. The division director of the professional licensing boards division, as provided in Chapter 1 of Title 43, shall serve as secretary of the board in the same manne…

O.C.G.A. § 12-6-47 State Board of Registration for Foresters — Rules and regulations; seal

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(a) The board shall have the power to promulgate rules and regulations, not inconsistent with the Constitution and laws of this state, which may be reasonably necessary for the proper performance of its duties and the regulation of the proceedings before it. (b) The board shall a…

O.C.G.A. § 12-6-48 State Board of Registration for Foresters — Record of proceedings

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The board shall keep a record of its proceedings. The records of the board shall be prima-facie evidence of the proceedings of the board set forth therein, and a transcript thereof, duly certiﬁed by the secretary of the board under seal, shall be admissible in evidence with the s…

O.C.G.A. § 12-6-49 Qualiﬁcations and requirements for registered foresters

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(a) The minimum qualiﬁcations and requirements for registration as a registered forester shall be as follows: (1) Graduation with a baccalaureate degree from a school, college, or department of forestry approved by the board, passage of a board approved examination after graduati…

O.C.G.A. § 12-6-49.1 Denial or suspension of license for noncompliance with child support order

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(a) As used in this Code section, the term: (1) ‘‘Agency’’ means the agency within the Department of Human Services which is responsible for enforcing orders for child support pursuant to Article 1 of Chapter 11 of Title 19, the ‘‘Child Support Recovery Act.’’ (2) ‘‘Compliance wi…

O.C.G.A. § 12-6-49.2 Suspension of registered forester license; borrowers in default

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(a) As used in this Code section, the term: (1) ‘‘Agency’’ means the Georgia Higher Education Assistance Corporation created in Code Section 20-3-263 which is responsible for administering a program of guaranteed educational loans to eligible students and eligible parents known a…

O.C.G.A. § 12-6-5 Powers and duties of commission generally; volunteer services

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(a) The commission shall have power and authority: (1) To take all action appropriate to foster, improve, and encourage reforestation; (2) To engage in research and other projects for the ascertainment and promulgation of better forestry practices; (3) To offer aid, assistance, a…

O.C.G.A. § 12-6-5.1 Legislative ﬁndings; reforestation incentives program authorized; powers of commission

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(a) The General Assembly ﬁnds that 433,000 acres of trees were planted in Georgia in 1984, while 640,000 acres were harvested during that year for a net loss of over 200,000 planted acres. The General Assembly further ﬁnds that the forest industry is of fundamental importance to …

O.C.G.A. § 12-6-50 Applications for registration; fee

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(a) Applications for registration shall be made on forms prescribed and furnished by the board; shall contain statements made under oath, showing the applicant’s education and a detailed summary of the applicant’s technical work; and shall contain not fewer than ﬁve references, o…

O.C.G.A. § 12-6-51 Examinations

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When written examinations are required, they shall be held at such time and place as the division director of the professional licensing boards division, as provided in Chapter 1 of Title 43, shall determine. The methods of procedure shall be prescribed by the division director o…

O.C.G.A. § 12-6-54 Licenses — Reciprocity for nonresidents

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(a) Any person who is licensed as a registered forester under the laws of another state may be licensed and registered under the laws of Georgia by reciprocity without having to qualify under the other provisions of this part, subject to the following conditions: (1) That the req…

O.C.G.A. § 12-6-55 Licenses — Only individuals may be licensed

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Registration shall be determined upon a basis of individual personal qualiﬁcations. No ﬁrm, company, partnership, or corporation can be licensed. History. — Ga. L. 1951, p. 581, § 17.

O.C.G.A. § 12-6-56 Licenses — Expiration and renewal generally; continuing forestry education requirement

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(a) Licenses shall be valid for up to two years and shall be renewable biennially on the renewal date established by the division director of the professional licensing boards division, as provided in Chapter 1 of Title 43. (b) The board shall require persons who are licensed und…

O.C.G.A. § 12-6-57 State Board of Registration for Foresters — Denial or revocation of license; discipline of licensee; code of ethics

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The board shall have the authority to refuse to grant a license to an applicant, to revoke the license of a person licensed by the board, or to discipline a person licensed by the board upon a ﬁnding by a majority of the board that the licensee or applicant has violated the provi…

O.C.G.A. § 12-6-58 State Board of Registration for Foresters — Duplicate license for lost, destroyed, or mutilated license

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A duplicate license to replace any lost, destroyed, or mutilated license may be issued, subject to the rules of the board, upon payment of a fee established by the board. History. — Ga. L. 1964, p. 409, § 1; Ga. L. 1988, p. 953, § 10.

O.C.G.A. § 12-6-6 Management, conservation, and protection of forest lands; sale of forest products from land managed by commission; production and sale of seedlings

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(a) Any other provision of law to the contrary notwithstanding, the State Forestry Commission is authorized to manage, conserve, and protect any forest lands or forest properties belonging to or under the jurisdiction and control of any department, board, commission, bureau, agen…

O.C.G.A. § 12-6-60 Injunctive relief

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In addition to any other remedy or criminal prosecution, whenever it shall appear to the board that any person, ﬁrm, company, partnership, association, or corporation, or their agents, officers, or directors, is or has been holding himself, itself, or themselves out to the public…

O.C.G.A. § 12-6-61 Prohibited acts

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(a) No person shall use in connection with his name or otherwise assume, use, or advertise any title or description tending directly or indirectly to convey the impression that he is a registered forester without ﬁrst having been licensed and registered as a registered forester a…