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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

1,092 sections·Filtered byTitle 12✕

O.C.G.A. § 12-3-55 General provisions; preservation of state owned historic properties
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(a) As used in this Code section, the term: (1) ‘‘Commissioner’’ means the commissioner of community affairs. (2) ‘‘Department’’ means the Department of Community Affairs. (b) The heads of all state agencies shall assume responsibility for the preservation of historic properties …
O.C.G.A. § 12-3-56 Revitalization of central business districts; government presence in historic districts
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(a) As used in this Code section, the term ‘‘department’’ means the Department of Community Affairs. (b) The General Assembly recognizes that the State of Georgia has undertaken various efforts to revitalize the central business districts and in-town areas of municipalities in th…
O.C.G.A. § 12-3-57 Legislative ﬁndings; historical and cultural museum assistance program; responsibilities
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(a) As used in this Code section, the term: (1) ‘‘Commissioner’’ means the commissioner of community affairs. (2) ‘‘Department’’ means the Department of Community Affairs. (3) ‘‘Local jurisdiction’’ means any county or municipality in this state and any duly authorized agency or …
O.C.G.A. § 12-3-58 Powers, duties, and authority of the Department of Community Affairs; historic preservation grant program

Showing 51–100 of 1,092

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(a) As used in this Code section, the term: (1) ‘‘Commissioner’’ means the commissioner of community affairs. (2) ‘‘Department’’ means the Department of Community Affairs. (3) ‘‘Grant fund’’ means the historic preservation grant fund created under subsection (b) of this Code sect…

O.C.G.A. § 12-3-70 Short title

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This part shall be known and may be cited as the ‘‘Heritage Trust Act of 1975.’’ History. — Ga. L. 1975, p. 962, § 1.

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. § 12-3-76 Use of heritage preserves; state authorized to transfer interest in heritage preserve property to county, local government, or private entity upon certain conditions

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(a) Heritage preserves shall be held by the state in trust for the beneﬁt of the present and future generations of the people of the State of Georgia. Each heritage preserve shall be put to the designated use or uses which confer the best and most important beneﬁt to the public. …

O.C.G.A. § 12-3-80 ‘‘Submerged cultural resources’’ deﬁned; title and exclusive right to regulate investigation, survey, and recovery; exceptions

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As used in this part, the term ‘‘submerged cultural resources’’ means all prehistoric and historic sites, ruins, artifacts, treasure, treasure-trove, and shipwrecks or vessels and their cargo or tackle which have remained on the bottom for more than 50 years, and similar sites an…

O.C.G.A. § 12-3-81 Department named custodian of submerged cultural resources; rules and regulations; reporting ﬁndings; duties of state archeologist

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(a) The custodian of all submerged cultural resources shall be the Department of Natural Resources. The Board of Natural Resources is empowered to promulgate such rules and regulations as may be necessary to preserve, survey, protect, and recover such underwater properties and ar…

O.C.G.A. § 12-3-82 Permits and authorization to contract for investigation, survey, or recovery operations; renewal and revocation of permits

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(a) Any person desiring to conduct investigation, survey, or recovery operations, in the course of which any part of a submerged cultural resource may be endangered, removed, displaced, or destroyed, shall ﬁrst make application to the department for a permit to conduct such opera…

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. § 12-3-90 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.

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. § 12-3-92 ‘‘Natural areas’’ deﬁned

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As used in this article, the term ‘‘natural areas’’ means a tract of land in its natural state which may be set aside and permanently protected or managed for the purpose of the preservation of native plant or animal communities, rare or valuable individual members of such commun…

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. § 12-3-110 Short title

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This article shall be known and may be cited as the ‘‘Georgia Scenic Trails Act.’’ History. — Ga. L. 1972, p. 142, § 1.

O.C.G.A. § 12-3-111 Legislative purpose

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In order to provide for the increasing outdoor recreation needs of an expanding population with an increasing amount of leisure time, in order to promote the enjoyment and appreciation of the outdoor areas of Georgia, and in order to provide for a healthful alternative to motoriz…

O.C.G.A. § 12-3-112 ‘‘System’’ deﬁned

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As used in this article, the term ‘‘system’’ means the Georgia Scenic Trails System provided for in this article. History. — Ga. L. 1972, p. 142, § 3; Ga. L. 1975, p. 799, § 1.

O.C.G.A. § 12-3-113 Duties and powers of department as to system; requirements as to title to land traversed by system

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The Department of Natural Resources shall have the responsibility of creating a Georgia Scenic Trails System. In carrying out such responsibilities, it shall be the duty of the department to identify and plan the system, to acquire or otherwise gain control over or rights to the …

O.C.G.A. § 12-3-114 Policies to guide department in creating and administering system

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The department shall be guided by the following policies in creating and administering the Georgia Scenic Trails System: (1) A balanced system of trails throughout the state should be sought, including, but not limited to, the following types of trails: (A) Urban trails. These wo…

O.C.G.A. § 12-3-115 Construction of bicycle trails and bikeways by Department of Transportation

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(a) The Department of Transportation is authorized and directed to construct bicycle trails and bikeways in this state after the routes of such trails and bikeways have been determined by the Department of Natural Resources or by local governing authorities and approved by the De…

O.C.G.A. § 12-3-116 Responsibility and liability of owners of premises traversed by system

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(a) Any person who goes upon or through the premises, including, but not limited to, lands, waters, and private ways, of another with or without permission to hunt, ﬁsh, swim, trap, camp, hike, sightsee, or for any other purpose, without the payment of monetary consideration, or …

O.C.G.A. § 12-3-150 Duty of department to administer and maintain memorial

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It shall be the duty of the Department of Natural Resources to proceed with the making and developing of plans for, administering, and maintaining a memorial in the vicinity of Warm Springs, Georgia, to perpetuate the memory of the late Franklin D. Roosevelt. History. — Ga. L. 19…

O.C.G.A. § 12-3-151 Powers of department

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The department shall have the following powers: (1) To acquire, hold, and dispose of personal property for accomplishing the purposes of the department under this part; (2) To accept donations, grants, and subsidies from any source and use them in purchasing and improving such pr…

O.C.G.A. § 12-3-152 Franklin D

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Roosevelt Warm Springs Memorial Advisory Committee created; composition; duties of committee; officers; quorum; reimbursement for expenses; appointment of successors; terms of members. (a) There is created the Franklin D. Roosevelt Warm Springs Memorial Advisory Committee. The me…

O.C.G.A. § 12-3-153 Construction of part

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This part shall be liberally construed to effect the purposes hereof. History. — Ga. L. 1946, p. 31, § 4.

O.C.G.A. § 12-3-171 Powers of department as to memorial or shrine

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The department shall have the following powers and authority under this part: (1) To acquire, hold, and dispose of personal property for accomplishing the purposes of the department under this part; (2) To accept donations, grants, and subsidies from any source and use them in pu…

O.C.G.A. § 12-3-172 Construction of part

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This part shall be liberally construed to effect the purposes hereof. History. — Ga. L. 1962, p. 706, § 4. PART 4 STONE MOUNTAIN MEMORIAL ASSOCIATION

O.C.G.A. § 12-3-190 Short title

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This part may be cited as the ‘‘Stone Mountain Memorial Association Act.’’ History. — Ga. L. 1958, p. 61, § 1.

O.C.G.A. § 12-3-191 Deﬁnitions

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As used in this part, the term: (1) ‘‘Association’’ means the Stone Mountain Memorial Association created by this part or any authority or body in which the duties and liabilities of the association created hereby may hereafter become vested. (2) ‘‘Bonds’’ or ‘‘revenue bonds’’ me…

O.C.G.A. § 12-3-192 Creation of association

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(a) There is created a body corporate and politic and instrumentality and public corporation of this state to be known as the Stone Mountain Memorial Association. It shall have perpetual existence. In such name it may contract and be contracted with, sue and be sued, implead and …

O.C.G.A. § 12-3-192.1 Purposes of association

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The purposes of the Stone Mountain Memorial Association shall include: (1) To preserve the natural areas situated within the Stone Mountain Park area; (2) To provide access to Stone Mountain for Georgia’s citizens; and (3) To maintain an appropriate and suitable memorial for the …

O.C.G.A. § 12-3-193 Members of association; terms; vacancies; officers; bylaws; quorum; reimbursement for expenses; compensation of employees; books and records

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(a) The association shall be composed of the commissioner of natural resources or his or her designee and eight members to be appointed by the Governor, one of whom shall be a resident of the metropolitan Atlanta area. The members appointed by the Governor shall be appointed for …

O.C.G.A. § 12-3-194 Powers of association generally

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The association shall have, in addition to any other powers conferred in this part, the following powers: (1) To have a seal and alter it at its pleasure; (2) To acquire Stone Mountain and such surrounding area as the association may deem necessary for the proper development, man…

O.C.G.A. § 12-3-194.1 Police and legislative powers of association; appointment of peace officers; jurisdiction and venue of park offenses; sale of confederate memorabilia

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(a)(1) The association is empowered to exercise such of the police powers of the state as may be necessary to maintain peace and order and to enforce any and all user and personal conduct restrictions upon the properties and facilities and the persons under its jurisdiction to th…

O.C.G.A. § 12-3-194.2 Adherence to master plan; survey required; amendment of plan; uses to which natural district may be put

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(a) The association, in the exercise of its authority to develop, manage, preserve, and protect Stone Mountain, shall be guided by and shall adhere to the master plan. That area shown on the master plan as the ‘‘natural district’’ shall be surveyed on or before December 1, 1995, …

O.C.G.A. § 12-3-195 Obligations of state under lease contracts with association; failure or refusal of lessee to perform; assignment of rentals due

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(a) The rentals contracted to be paid by the state or any department, agency, or institution of the state to the association under leases entered upon pursuant to this part shall constitute obligations of the state for the payment of which the good faith of the state is pledged. …

O.C.G.A. § 12-3-196 Condemnation of property for developing Stone Mountain; conveyance of property and rights of way to association; facilities, equipment, and services

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(a) In the event any portion of Stone Mountain proper or of the area surrounding the mountain, which portion or area may be necessary in the opinion of the Governor for use in developing the property, cannot be acquired by purchase, it shall be the duty of the Governor, the state…

O.C.G.A. § 12-3-197 Transfer of funds to association

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The Governor is authorized and directed to transfer to the association, for use in acquiring Stone Mountain and the surrounding area, any available funds of the state not otherwise appropriated. History. — Ga. L. 1958, p. 61, § 7.

O.C.G.A. § 12-3-198 Location, construction, improvement, and maintenance of highways, roads, streets, and rights of way

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(a) The State Transportation Board is authorized to make such studies and estimates in connection with the location and relocation of highways, roads, streets, and rights of way in connection with the project, whether within or without the project area, as may be necessary to the…

O.C.G.A. § 12-3-199 Association fund

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(a) All revenues in excess of all obligations of the association of every nature which are not otherwise pledged or restricted as to disposition and use by the terms of any trust indenture entered into by the association for the security of bonds issued under this part, together …

O.C.G.A. § 12-3-200 Revenue bonds — Power of association to adopt resolutions providing for and to issue bonds

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The association, or any association, authority, or body which has succeeded or which may in the future succeed to the powers, duties, and liabilities vested in the association, shall have power and is authorized at one time, or from time to time, to issue negotiable bonds in a su…

O.C.G.A. § 12-3-201 Revenue bonds — Sale by public competitive bidding; determination of price and rate of interest; dating of bonds; payment of principal and interest; time of maturity

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(a) All bonds of the association shall be sold at public competitive bidding at a price of not less than par plus accrued interest to date of delivery, provided that the association may obligate itself to deliver any given issue of bonds to the purchasers thereof within any reaso…

O.C.G.A. § 12-3-202 Revenue bonds — Form; denominations; place of payment of principal and interest; issuance in coupon or registered form

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The association shall determine the form of the bonds, including any interest coupons to be attached thereto, and shall ﬁx the denomination or denominations of the bonds and the place or places of payment of the principal and interest thereon, which may be at any bank or trust co…

O.C.G.A. § 12-3-203 Revenue bonds — Signatures; seal

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All bonds shall be signed by the chairman of the association, shall be attested by the secretary thereof, and shall bear the official seal of the association. Any coupons attached thereto shall bear the signature of the chairman of the association and may, if the resolution autho…

O.C.G.A. § 12-3-204 Revenue bonds — Status as negotiable instruments; tax exemption for bonds and income therefrom

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All bonds issued under this part shall have and are declared to have all the qualities and incidents of negotiable instruments under the negotiable instruments laws of this state. Such bonds and the income thereof shall be exempt from all taxation within the state. History. — Ga.…

O.C.G.A. § 12-3-205 Revenue bonds — Use and manner of disbursement of proceeds; procedure where proceeds are less than or greater than cost of projects

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The proceeds of bonds shall be used solely for the payment of the cost of the project and shall be disbursed upon requisition or order of the chairman of the association or its duly bonded agents under such restrictions, if any, as the resolution authorizing the issuance of the b…