Title 12 — Conservation And Natural Resources
0 chapters · 906 sections in this title.
O.C.G.A. § 12-3-600 Legislative findings; policy of state
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The General Assembly finds that it is in the best interest of the state to provide for the conservation of nongame species of wildlife for the benefit and nonconsumptive use of the citizens of Georgia. Historically, wildlife conservation programs have been focused on the more recre…
O.C.G.A. § 12-3-601 Definitions
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As used in this article, the term: (1) ‘‘Department’’ means the Department of Natural Resources. (2) ‘‘Nongame wildlife’’ means all species of flora and fauna indigenous to Georgia which are not legally taken through hunting, fishing, trapping, or otherwise. (3) ‘‘Wildlife’’ means …
O.C.G.A. § 12-3-602 Funds, §12-3-602
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Income tax. Return form. Contribution option, §12-3-602. Legislative findings, §12-3-600. Policy of state, §12-3-600. NONRESIDENTS. Forestry licenses. Reciprocity for nonresidents, §12-6-54. NORTHEAST GEORGIA REGIONAL DEVELOPMENT CENTER. Metropolitan North Georgia water planning d…
O.C.G.A. § 12-3-620 Definitions
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As used in this article, the term: (1) ‘‘American Indian’’ means an individual who is a member of a nation, tribe, band, group, or community that was indigenous to Georgia; is a descendant of persons named as American Indians in the Georgia Senate Bill 89, enacted during the legi…
O.C.G.A. § 12-3-621 Powers and duties, §12-3-50
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Preservation, promotion, etc., §12-3-50. Directing persons to leave sites upon refusal to observe rules and regulations, §12-3-10. HISTORIC AREAS —Cont’d Environmental policy. General provisions, §§12-16-1 to 12-16-23. Georgia register of historic places, §12-3-50.2. Establishmen…
O.C.G.A. § 12-3-622 Inspection warrants
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Environmental protection division, §12-2-2. Interstate environment compact, §§12-10-40, 12-10-41. Jekyll Island-state park authority, §§12-3-230 to 12-3-277. Judges. Administrative law judges. Definition within title, §12-1-2. Environmental protection decisions, hearings, §12-2-2.…
O.C.G.A. § 12-3-640 Designation
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In recognition of the many beautiful and outstanding gardens and nature centers of the State of Georgia, the following gardens and nature centers and such others as may hereafter be designated by resolution of the General Assembly are designated as the official gardens and nature…
O.C.G.A. § 12-3-650 Definitions
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Repealed by Ga. L. 2011, p. 99, § 12/HB 142, effective May 13, 2011. Editor’s notes. — This Code section was based on Code 1981, § 12-3-650, enacted by Ga. L. 2001, p. 894, § 2. 12-3-651. Redesignated.
O.C.G.A. § 12-3-651 Redesignated
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Editor’s notes. — Ga. L. 2011, p. 99, § 12/HB 142, effective May 13, 2011, re- designated former Code Section 12-3-651 as present Code Section 20-3-73.1. 12-3-652 through 12-3-661. Repealed by Ga. L. 2011, p. 99, § 12/HB 142, effective May 13, 2011. Editor’s notes. — These Code s…
O.C.G.A. § 12-3-662 Redesignated
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Editor’s notes. — Ga. L. 2011, p. 99, § 12/HB 142, effective May 13, 2011, re- designated former Code Section 12-3-662 as present Code Section 20-3-73.2. ARTICLE 12 POWER ALLEY DEVELOPMENT AUTHORITY 12-3-680 through 12-3-708. Repealed by Ga. L. 2008, p. 1015, § 4/SB 344, effectiv…
O.C.G.A. § 12-3-7 Powers of head of office, §12-3-7
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State assistance fund. Approval of projects as condition precedent to use of fund, §12-3-8. 1339 INDEX PARKS AND RECREATION —Cont’d Federal assistance under land and water conservation act of 1965 —Cont’d State assistance fund —Cont’d Establishment, §12-3-8. Limitations on use of…
O.C.G.A. § 12-3-70 Legislative purpose
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Definitions. Creation of Heritage Trust Commission; appointment and criteria for selection of members; terms of office; reimbursement of members for expenses; duties [Repealed]. Powers and duties of board as to Heritage Trust Program. Dedication of property as a heritage preserve.…
O.C.G.A. § 12-3-71 Legislative purpose
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The General Assembly finds that certain real property in Georgia, because it exhibits unique natural characteristics, special historical significance, or particular recreational value, constitutes a valuable heritage which should be available to all Georgians, now and in the future…
O.C.G.A. § 12-3-72 Definitions
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As used in this part, the term: (1) ‘‘Board’’ means the Board of Natural Resources. (2) ‘‘Heritage area’’ means an area of land, marsh, or water which has been identified by the board as having significant historical, natural, or cultural value. (3) ‘‘Heritage preserve’’ means a he…
O.C.G.A. § 12-3-74 Powers and duties of board as to Heritage Trust Program
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(a) The board shall have the following powers and duties with regard to the Heritage Trust Program: (1) To adopt and promulgate all policies, rules, and regulations necessary for the identification and acquisition of heritage areas and for the selection, dedication, management, an…
O.C.G.A. § 12-3-75 Dedication of property as a heritage preserve
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A heritage area which has been acquired by the Department of Natural Resources for the Heritage Trust Program may become dedicated as a heritage preserve after written recommendation of the board and approval by the Governor. Any other real property owned by the State of Georgia …
O.C.G.A. § 12-3-77 Purpose, §12-3-71
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Rules and regulations. Board of natural resources. Rulemaking authority, §12-3-74. Short title, §12-3-70. Title of act, §12-3-70. Use of heritage preserves, §12-3-76. HIGH FALLS LAKE. Docks and boat shelters. Permits for construction, maintenance and use on lake, §12-3-34. HIGH S…
O.C.G.A. § 12-3-80 Submerged land
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Coastal management, §12-5-322. Submerged shoreline lands. Shore protection, §12-5-232. Supplemental or intermittent means of emission limitation. Georgia air quality act, §12-9-3. Surface mining. Georgia surface mining act of 1968, §12-4-72. Surface waters.
O.C.G.A. § 12-3-81 STATE AUDITOR
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Georgia agricultural exposition authority overview committee. Assistance, §12-3-501. Cooperation by state auditor, §12-3-502. Georgia halls of fame authority overview committee. Assistance to, §12-3-551. Cooperation with state auditor, §12-3-552. Jekyll Island state park authorit…
O.C.G.A. § 12-3-82 Water pollution
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Compliance disclosure history by applicant, §12-5-23. Discharge of dredged or fill material, §12-5-30. Metropolitan North Georgia water planning district. Waste-water plans. Change in permits upon approval of plan, §12-5-583. Watershed management plan. Change in permits upon appro…
O.C.G.A. § 12-3-82.1 Permits for investigation, survey, or recovery of deadhead logs
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Repealed by Ga. L. 2005, p. 632, § 2/SB 283, effective January 1, 2008. Editor’s notes. — This Code section was based on Code 1981, § 12-3-82.1, en- acted by Ga. L. 2005, p. 632, § 2/SB 283; Ga. L. 2006, p. 72, § 12/SB 465. 104 12-3-91 12-3-83. Prohibited acts constituting misdem…
O.C.G.A. § 12-3-83 Prohibited acts constituting misdemeanor
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Any person who violates this part by failing to obtain a required permit or who intentionally defaces, injures, destroys, displaces, or removes any underwater cultural resource or portion thereof in any manner not in accordance with a permit issued by the department shall be guil…
O.C.G.A. § 12-3-9 Duties and powers of department as to recreational policies and programs
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Disposition of miscellaneous funds by department. Powers of department as to projects generally. Powers of department and Board of Natural Resources as to Lake Lanier Islands Development. Authority of state to make grants, leases, contracts, and cooperative agreements in regard t…
O.C.G.A. § 12-3-9.1 Discount for certified disabled veterans
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(a) As used in this Code section, the term: (1) ‘‘Disabled veteran’’ means a veteran discharged under honorable conditions from any branch of the armed forces of the United States who has a physical disability which was incurred during the 57 12-3-9.1 CONSERVATION & NATURAL RES. …
O.C.G.A. § 12-3-90 Short title
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This article shall be known and may be cited as the ‘‘Georgia Natural Areas Act.’’ History. — Ga. L. 1966, p. 330, § 1; Ga. L. 1969, p. 750, § 1. 12-3-91. Legislative findings and declaration of purpose.
O.C.G.A. § 12-3-91 Legislative findings and declaration of purpose
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The General Assembly finds that there is an increasing nation-wide concern over the deterioration of man’s natural environment in rural as well as urban areas; that there is a serious need to study the long-term effects of our civilization on our natural environment; that while th…
O.C.G.A. § 12-3-93 Powers and duties of department as to natural areas
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It shall be the duty of the Department of Natural Resources under this article, and it shall have the power and authority, to: (1) Determine the acceptance or rejection of areas of special scientific interest that may be offered as a donation by individuals or organizations for pr…
O.C.G.A. § 12-3-94 Oil and gas deep drilling
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General provisions, §§12-4-40 to 12-4-54. Oil or hazardous material spills or releases. Discharges of hazardous materials, §§12-14-1 to 12-14-4. Palmetto berries, §§12-6-250 to 12-6-257. Petroleum pipelines, §§12-17-1 to 12-17-6. Pine straw.
O.C.G.A. § 12-4-1 Powers and duties of department relating to game and fish laws, T
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27. Bona fide conservation use property, § 48-5-7.4. Authority of department to convey property for purposes of constructing and operating boat-launching ramps thereon, § 50-16-45. Powers and duties of department with regard to boat safety, § 52-7-1 et seq. Powers and duties of de…
O.C.G.A. § 12-4-100 PHOSPHORUS
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Waste-water discharge limitation, §12-5-23.2. Water pollution.
O.C.G.A. § 12-4-101 Annual mining fee; license fee; affidavit and bond
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(a) Licenses shall be granted upon the express condition that the grantees shall pay to the Office of the State Treasurer the sum of $1.00 per ton for every ton of phosphate rock and phosphatic deposit mined and removed from the navigable rivers and waters of this state and the b…
O.C.G.A. § 12-4-102 Lapse of license
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Any license granted under this part shall lapse and become void unless within three years from the date of the granting of the license the privileges granted shall be utilized and work in good faith shall be commenced. History. — Ga. L. 1884-85, p. 125, § 5; Civil Code 1895, § 17…
O.C.G.A. § 12-4-103 Penalty
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Any person who is not engaged in the prosecution of lawfully authorized searches and who digs, mines, removes, or cleanses phosphate rock or phosphatic deposits from the beds of the navigable streams of this state or from any public lands on the banks and margins thereof without …
O.C.G.A. § 12-4-121 Annual reports by judges of probate court
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No later than January 15 of each year, each judge of the probate court with whom a register has been filed pursuant to Code Section 12-4-120 shall, by certified copy, make a report to the state geologist of the registers received by that judge during the preceding year. The state g…
O.C.G.A. § 12-4-122 Penalty
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Any person who purchases native gold, gold bullion, gold dust, gold nuggets, or gold amalgam and who fails to comply with Code Section 12-4-120 relating to such purchases shall be guilty of a misdemeanor. History. — Ga. L. 1899, p. 66, § 2; Penal Code 1910, § 699; Code 1933, § 43…
O.C.G.A. § 12-4-140 Short title
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This article shall be known and may be cited as the ‘‘Cave Protection Act of 1977.’’ History. — Ga. L. 1977, p. 833, § 1. 12-4-141. Legislative purpose.
O.C.G.A. § 12-4-141 Legislative purpose
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The State of Georgia finds that caves are uncommon geologic phenomena and that the minerals deposited therein may be rare and occur in unique forms of great beauty which are irreplaceable if destroyed. It is also found that the wildlife which have evolved to live in caves are unus…
O.C.G.A. § 12-4-142 Definitions
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As used in this article, the term: (1) ‘‘Cave’’ means any naturally occurring subterranean cavity, including, but not restricted to, a cavern, pit, pothole, natural well, sinkhole, and grotto. (2) ‘‘Commercial cave’’ means any cave with improved trails and lighting utilized by th…
O.C.G.A. § 12-4-143 Wildlife
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Killing, harming, etc., §12-4-146. CEASE AND DESIST ORDERS. Asbestos violations, §12-12-13. Coastal marshlands. Enforcement remedy, §12-5-291. Coastal waters and beaches. Shore protection act, §12-5-247. Metropolitan river protection act. Appeal, §12-5-448. Violations, §12-5-452.…
O.C.G.A. § 12-4-144 Sale or offer to sell speleothems
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(a) It shall be unlawful to sell or offer for sale any speleothems in this state or to export them for sale outside this state without the express written permission of the owner of the cave from which such speleothems were obtained. (b) Any person violating this Code section sha…
O.C.G.A. § 12-4-147 Liability of owners of caves for injuries
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(a) Neither the owner of a cave nor his authorized agents, officers, employees, or designated representatives acting within the scope of their authority shall be liable for injuries sustained by any person using such cave for recreational or scientific purposes if the prior consen…
O.C.G.A. § 12-4-20 Amount of reward; eligibility for reward
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There shall be paid the sum of $250,000.00 to the first person, firm, or corporation, or combination thereof, which puts down and brings in the first commercial oil well in this state, provided that such well must produce at least 100 barrels of oil per day. The determination as to …
O.C.G.A. § 12-4-21 Manner of distribution of reward
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Such amount shall be distributed as follows: (1) The sum of $50,000.00 to the owner or owners of the minerals or the property, or both, where the well is drilled, to be divided, where there are multiple owners of the minerals, among them in the proportion of their respective inte…
O.C.G.A. § 12-4-22 Amount, §12-4-20
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Authorization. Payments from surplus or contingent funds, §12-4-22. Distribution, §12-4-21. Eligibility, §12-4-20. Manner of distribution, §12-4-21. Payments from surplus or contingent funds, §12-4-22. ON-BOARD DIAGNOSTIC EQUIPMENT. Motor vehicle emission and inspection maintenan…
O.C.G.A. § 12-4-40 Short title
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This part shall be known and may be cited as the ‘‘Oil and Gas and Deep Drilling Act of 1975.’’ History. — Ga. L. 1975, p. 966, § 2; Ga. L. 2018, p. 953, § 1/HB 205. 12-4-41. Legislative findings and declaration of policy.
O.C.G.A. § 12-4-41 Legislative findings and declaration of policy
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The General Assembly finds and declares that its duty to protect the health, safety, and welfare of the citizens of this state requires that adequate protection of underground fresh water supplies be assured in any drilling operation which may penetrate through any stratum which c…
O.C.G.A. § 12-4-42 Definitions
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As used in this part, the term: (1) ‘‘Board’’ means the Board of Natural Resources. (1.1) ‘‘Director’’ means the director of the Environmental Protection Division of the Department of Natural Resources. (2) ‘‘Drilling’’ means the boring of a hole in the earth by remote mechanical…
O.C.G.A. § 12-4-43 Powers of board as to deep drilling
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For the purpose of this part: (1) The board shall have the authority to make such inquiries as it may deem necessary into any matter over which it has jurisdiction; (2) The board shall have the jurisdiction of and authority over the drilling of and subsequent use of any well for …
O.C.G.A. § 12-4-44 Authority to adopt and promulgate rules and regulations
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(a) The board shall have the authority to adopt and promulgate rules and regulations dealing with the control of matters over which it has jurisdiction under this part. Such rules and regulations shall include, 295 12-4-44 CONSERVATION & NATURAL RES. 12-4-44 but shall not be limi…
O.C.G.A. § 12-4-45 Permits, §12-4-46
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Prohibited acts, §12-4-53. Civil penalties, §12-4-48. OIL AND GAS DEEP DRILLING —Cont’d Purpose, §12-4-41. Royalty owners. Effect of enforcement proceedings on causes of action, §12-4-48. Rules and regulations. Board of natural resources. Rulemaking authority, §12-4-44. Local reg…