Title 12

(a) If the project is not water related or dependent on waterfront access or can be satisfied by the use of an alternative nonmarshland site or by use of existing public facilities, a permit usually should not be granted pursuant to Code Section 12-5-286. (b) The amount of marshla…

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 …

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-…

(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 …

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 …

If a permit holder sells, leases, rents, or otherwise conveys the land or any portion thereof for which the permit was issued, and if the permittee has notified the department within 30 days of such transfer or conveyance, such permit shall be continued in force in favor of the ne…

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…

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…

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.

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…

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.

It is unlawful for any person to cut, harvest, remove, or eradicate any of the grass commonly known as sea oats (Uniola paniculata L.) from any public land of this state or from any private land without the consent of the owner of such land or the persons having lawful possession…

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.

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…

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 …

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…

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…

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 …

All state agencies shall coordinate and cooperate with the department in the administration of this part. All state agencies exercising regulatory authority or management or planning authority in the coastal area shall administer such authority in conformity with the provisions o…

(a) The department shall prepare a document reflecting the Georgia coastal management program for submission to the Governor. The Governor shall have the authority to review and approve such document. Once approved, the Governor shall have the authority to submit the document refle…

(a) The Department of Natural Resources shall negotiate with the proper authorities of the United States from time to time concerning the development of the rivers of Georgia with particular reference to flood control. The department shall be privileged to appear before committees…

This part shall be known and may be cited as the ‘‘Georgia Scenic Rivers Act of 1969.’’ History. — Ga. L. 1969, p. 933, § 1.

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 ment, diversion, straightening, rip-rapping, or other modification of the waterway. (2) ‘‘River’’ means a flowing bod…

(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…

(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 …

After designation of any river or section of a river as a scenic river by the General Assembly pursuant to Code Section 12-5-352: (1) No dam, reservoir, or other structure impeding the natural flow of the waterway shall be constructed, operated, or maintained in such river or sect…

This part shall be known and may be cited as the ‘‘Georgia Safe Dams Act of 1978.’’ History. — Ga. L. 1978, p. 795, § 1.

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…

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…

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…

In the performance of its duties, the board shall: (1) Establish by rule or regulation such policies, requirements, or standards governing the construction, operation, and maintenance of dams or artificial barriers permitted or required to be permitted under this part, including, …

(a) It shall be the duty of the director to inventory the dams in this state and to classify each dam into one of the following categories: (1) Category I — Dams where improper operation or dam failure would result in probable loss of human life. Situations constituting ‘‘probabl…

(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…

(a) For the purposes of this Code section: (1) ‘‘Acre-feet’’ means the measurement of the impounding capacity of a dam as described in paragraph (4) of Code Section 12-5-372. (2) ‘‘Height’’ means the height of a dam determined in the manner described in paragraph (4) of Code Sect…

(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. (b) Prior to the commencement of removing any such dam, such owner or operator shall apply to the director on forms su…

(a) The director or any authorized agency with which the director has entered into a contract on behalf of the division is authorized to make a visual inspection of any dam or other artificial barrier for which a permit is or may be required by this part and to enter on any proper…

(a) The division shall have the right to direct and conduct such investigations as it may reasonably deem necessary to carry out its duties as prescribed in this part. For this purpose, the employees of the division or any authorized representatives shall have the right to enter …

Any person who is aggrieved or adversely affected by an order or action of the director shall be entitled to administrative and judicial review in accordance with subsection (c) of Code Section 12-2-2. History. — Ga. L. 1978, p. 795, § 11; Ga. L. 1980, p. 922, § 1; Ga. L. 1984, p…

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…

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…

(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…

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.…

(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…

This part shall be known and may be cited as the ‘‘Chattahoochee River Basin Act.’’ History. — Ga. L. 1967, p. 805, § 1.

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…

(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…