Title 12 — Conservation And Natural Resources
0 chapters · 906 sections in this title.
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 …
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…