Title 12 — Conservation And Natural Resources
0 chapters · 906 sections in this title.
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 Acquisition of land
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Land within boundaries of scenic rivers, §12-5-354. Citation of title, §12-5-350. Dams. Construction, operation, etc., of dams on scenic rivers, §12-5-354. Definitions, §12-5-351. Department of natural resources. Duties generally, §12-5-353. Georgia scenic river system. Rivers com…
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 Category I dams, §12-5-375
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Category II dams, §12-5-375. Clerks of superior courts. Information relating to category I and category II dams in county. Director to supply annually to, §12-5-375. Commissioner of transportation.
O.C.G.A. § 12-5-375 Commissioner of transportation
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Powers as to contracting requirements, §12-5-382. Construction resulting in change in category of dam. Notice to owner and local unit of government, §12-5-375. Department of natural resources. Powers and duties generally, §§12-5-373, 12-5-375. Erosion and sedimentation act. Inapp…
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 Powers and duties
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Board of natural resources, §12-5-374. Commissioner of transportation, §12-5-382. Environmental protection division, §§12-5-373, 12-5-375. Refusal of access, §12-5-379. Right of access, §12-5-379. Short title, §12-5-370. Title of act, §12-5-370. Georgia water supply act of 2008, …
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. 583 12-5-377 CONSERVATION & NATURAL RES. 12-5-378 (b) Prior to the commencement of removing any such dam, such owner o…
O.C.G.A. § 12-5-378 Permits, §12-5-376
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Requirement of conformance with rules and regulations, etc., §12-5-384. Right to require statements and reports, §12-5-379. Criminal and civil penalties, §12-5-385. Dam removal, §12-5-377.
O.C.G.A. § 12-5-379 Investigations, §12-5-379
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Legislative purpose, §12-5-371. Liability for damages, §12-5-383. Minimum spillway design requirements, §12-5-376.1. Penalties, §12-5-385. Disciplinary actions against permittees, §12-5-376. Permits. Disciplinary actions against permittees, §12-5-376. Minimum spillway design requ…
O.C.G.A. § 12-5-380 Department of natural resources
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Archaeological exploration, excavation, etc. Administrative appeal of department orders, §12-3-52. Drinking water. Emergency orders, §12-5-187. Hearings. Contested cases, §12-5-186. Procedures for imposing civil penalties, §12-5-192. Environmental protection division. Inspection …
O.C.G.A. § 12-5-380.1 SUPPORT AND MAINTENANCE
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Child support. License suspension or denial for failure to pay. Forestry licenses, §12-6-49.1. License suspension or denial. Failure to pay child support. Forestry licenses, §12-6-49.1. SURFACE MINING, §§12-4-70 to 12-4-84. Appeal to superior court, §12-4-78.
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. § 12-5-382 Power of commissioner of transportation as to contracts relating to part
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The commissioner of transportation is authorized to enter into contracts on behalf of the Department of Transportation with the division for the purpose of carrying out this part. History. — Ga. L. 1978, p. 795, § 16; Ga. L. 1984, p. 454, § 9.
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…
O.C.G.A. § 12-5-4 Programs for voluntary water conservation and enhancing water supply
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(a) As used in this Code section, the term ‘‘agency’’ or ‘‘agencies’’ means the Department of Natural Resources, including its Environmental Protection Division, the Georgia Environmental Finance Authority, the Department of Community Affairs, the State Forestry Commission, the D…
O.C.G.A. § 12-5-400 Short title
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This part shall be known and may be cited as the ‘‘Chattahoochee River Basin Act.’’ History. — Ga. L. 1967, p. 805, § 1. 12-5-401. Purpose.
O.C.G.A. § 12-5-401 Purpose
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It shall be the purpose of the Department of Natural Resources under this part to encourage and promote the expansion and development of the full economic, industrial, and recreational potential of the Chattahoochee River and its tributaries. By way of illustration and not of lim…
O.C.G.A. § 12-5-402 Powers and duties of department
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(a) In carrying out its purposes under this part, the department shall have the following powers: (1) To administer all funds available to the department under this part; (2) To accept any grant of funds made by the United States government or any agency thereof for the purpose o…
O.C.G.A. § 12-5-420 Short title
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This part shall be known and may be cited as the ‘‘Altamaha River Basin Act.’’ History. — Ga. L. 1970, p. 632, § 1. 12-5-421. Purpose.
O.C.G.A. § 12-5-421 Purpose
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It shall be the purpose of the Department of Natural Resources under this part to encourage and promote the expansion and development of the full economic, industrial, and recreational potential of the Altamaha River Basin, its tributaries, and their basins. By way of illustratio…
O.C.G.A. § 12-5-422 Powers and duties of department
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(a) In carrying out its purposes under this part, the department shall have the following powers: (1) To administer all funds available to the department under this part; (2) To accept or decline any grant of funds made by the United States government or any agency thereof for th…
O.C.G.A. § 12-5-43 Administrative hearings
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(a) Whenever a person is aggrieved or adversely affected by any action or by any order or orders of the director, or by any action or by any order or orders pursuant to authority delegated by the director, such person may request and obtain a hearing by filing a petition with 417 …
O.C.G.A. § 12-5-44 Judicial review
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(a) Any person who has exhausted all administrative remedies available within the department and who is aggrieved by a final decision in a contested case is entitled to judicial review under this article. A preliminary, procedural, or intermediate action or ruling is immediately r…
O.C.G.A. § 12-5-440 Short title
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This part shall be known as and may be cited as the ‘‘Metropolitan River Protection Act.’’ History. — Ga. L. 1973, p. 128, § 1; Code 1981, § 12-5-440, enacted by Ga. L. 1982, p. 2107, § 4. 12-5-441. Definitions.
O.C.G.A. § 12-5-441 Definitions
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As used in this part, the term: (1) ‘‘Applicant’’ means any person who requests the issuance of a certificate under this part. (2) ‘‘Area’’ means a standard metropolitan statistical area recognized by the United States Department of Commerce, Bureau of the Census, and as set forth…
O.C.G.A. § 12-5-442 Legislative findings and purposes
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(a) The General Assembly finds that adequate supplies of clean water for drinking and other purposes constitute the lifeblood of the great metropolitan areas of this state and are, therefore, essential to the health, welfare, and economic progress of the state; that development ad…
O.C.G.A. § 12-5-443 Conflict of laws
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Other laws not superseded by part provisions, §12-5-449. Construction of part. Uses to which part provisions inapplicable, §12-5-451. Declaration of public policy, §12-5-442. Definitions, §12-5-441.
O.C.G.A. § 12-5-444 CERTIORARI
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Stone Mountain park association. Jurisdiction of superior court of DeKalb county to review park convictions by certiorari, §12-3-194.1. CHATTAHOOCHEE-FLINT REGIONAL DEVELOPMENT CENTER. Metropolitan North Georgia water planning district. Cooperation by center with district, §12-5-…
O.C.G.A. § 12-5-447 Minimum standards for certificates and recommendations
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Every certificate issued by a governing authority and every recommendation of the commission, unless the proposed use is not harmful to the water and land resources of the stream corridor, will not significantly impede the natural flow of flood waters, and will not result in significa…
O.C.G.A. § 12-5-448 Appeal
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Any person aggrieved by any final determination, cease and desist order, other order, or other final action of the commission or a governing authority under this part and who has exhausted any administrative remedies may take an appeal to the superior court of the county in which a…
O.C.G.A. § 12-5-449 Other laws not superseded by part
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The requirements of this part are in addition to and do not supersede other requirements of law including the zoning and building regulations of the political subdivision involved. History. — Ga. L. 1973, p. 128, § 10; Code 1981, § 12-5-449, enacted by Ga. L. 1982, p. 2107, § 4. …
O.C.G.A. § 12-5-45 Judgment in accordance with division’s order
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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.C.G.A. § 12-5-451 Uses to which part inapplicable
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This part shall not apply to the following uses: (1) Any land or water use for agriculture or animal husbandry as defined in the ordinances adopted by the governing authority, provided that a buffer of natural vegetation is maintained for a distance of 50 horizontal feet from the …
O.C.G.A. § 12-5-452 Motor vehicles
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Emission inspection and maintenance. Sale of vehicle, §12-9-54. 1282 INDEX FINES —Cont’d Oil and gas deep drilling, §12-4-48. Enforcement proceedings, §12-4-48. Oil or hazardous material spills or releases. Procedure for imposing civil penalties, §12-14-4. Palmetto berries.
O.C.G.A. § 12-5-453 Shore protection, §§12-5-242, 12-5-243
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Solid waste. Commercial waste. Enactment and enforcement of local ordinances, §12-15-24. ORE. Surface mining. Removal of ores as prima facie evidence of, §12-4-80. ORGANS. Conservation crimes. “Serious bodily injury” to include bodily organs, §12-5-53. Injury. Serious bodily inju…
O.C.G.A. § 12-5-454 Removal of sand from watercourse
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Notwithstanding any other provisions of this part to the contrary, nothing contained in this part shall be construed so as to prohibit any person, firm, or corporation from removing sand from any watercourse without restriction when such removal is accomplished in such a manner th…
O.C.G.A. § 12-5-455 Public policy, §12-5-442
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Purposes, §12-5-442. Rules and regulations. Revocation of permit issuing authority for failure to meet requirements, §12-5-453. Sand.
O.C.G.A. § 12-5-457 Appeals
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Adverse agency action, §12-5-448. Cease and desist orders. Appeal, §12-5-448. Violations of part. Provisions, §12-5-452. Certificate of compliance. Certificate defined, §12-5-441. Changes in use, §12-5-444. Information required of applicant, §12-5-444. Issuance by governing authorit…
O.C.G.A. § 12-5-46 Effect of article on rights of action
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Nothing in this article shall be construed to alter or abridge any right of action existing in law or equity, civil or criminal, nor shall any provision of this article be construed to prevent any person, as a riparian owner or otherwise, from exercising his rights to suppress nu…
O.C.G.A. § 12-5-47 Emergency orders; hearing
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Whenever the division finds that an emergency exists requiring that such action be taken as it deems necessary to meet the emergency, notwithstanding any other provisions of this article, such order shall be effective immediately. Any person to whom such order is directed shall co…
O.C.G.A. § 12-5-470 Short title
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This article shall be known and may be cited as the ‘‘Georgia Water Supply Act of 2008.’’ History. — Code 1981, § 12-5-470, enacted by Ga. L. 1989, p. 1304, § 1; Ga. L. 2008, p. 644, § 2-1/SB 342.
O.C.G.A. § 12-5-470.1 Environmental services
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Defined, §12-5-471. User agreements, §12-5-479. Fees. Services of division or department, §12-5-476.1. WATER SUPPLY —Cont’d Fees —Cont’d Waiver, §12-5-483. Fluoridation of public water systems, §12-5-175. Georgia state financing and investment commission. Use of services, §12-5-480…
O.C.G.A. § 12-5-471 Definitions
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As used in this article, the term: 613 12-5-471 CONSERVATION & NATURAL RES. 12-5-471 (1) ‘‘Authority’’ means the Georgia Environmental Finance Authority created by Code Section 50-23-3. (1.1) ‘‘County’’ means any county created under the Constitution or laws of this state. (1.2) …