Title 12

It shall be unlawful for any person disposing of any ginseng harvested in Georgia to fail to report such disposition by January 31 of each year to the Department of Natural Resources. Such report shall be certified by the department and shall include, but shall not be limited to, …

It shall be unlawful for any ginseng dealer or grower to fail to register with the department, on a form provided by the department, by July 15 of each year. It shall also be unlawful for any ginseng dealer or grower to fail to submit to the department by January 31 of each year …

Upon a determination by the department that this article is no longer necessary for the protection of ginseng in this state, the department shall report such determination to the next session of the General Assembly following such determination. History. — Ga. L. 1979, p. 919, § …

The department is authorized to prescribe the form and content of the registration forms and the reporting forms required by this article. History. — Ga. L. 1979, p. 919, § 7; Ga. L. 1996, p. 327, § 1.

This article shall be known and may be cited as the ‘‘Wildflower Preservation Act of 1973.’’ History. — Ga. L. 1973, p. 333, § 1.

As used in this article, the term: (1) ‘‘Person’’ means any natural person, firm, corporation, partnership, proprietorship, or other legal entity. (2) ‘‘Protected species’’ means a species of plant life which the department shall have designated as such and shall have made subject…

(a) The Department of Natural Resources shall from time to time designate as a protected species any species of plant life within this state which it may determine to be rare, unusual, or in danger of extinction, and upon such designation such species will become subject to the p…

No person within this state shall cut, dig, pull up, or otherwise remove any protected species from any public land unless such person has secured written authorization from the department. History. — Ga. L. 1973, p. 333, § 4.

No person within this state shall sell or offer for sale, for any purpose, any protected species unless such species was grown on private land and is being sold by the landowner or with the permission of the landowner. History. — Ga. L. 1973, p. 333, § 5.

No person within this state shall transport, carry, or otherwise convey any protected species from the land of another unless each shipment thereof has affixed thereto a tag supplied by the department showing that the person so transporting, carrying, or conveying such protected …

Any person who violates any provision of this article or a rule or regulation promulgated by the Board of Natural Resources pursuant to this article shall be guilty of a misdemeanor. History. — Ga. L. 1973, p. 333, § 7. ARTICLE 4 HARVEST AND SALE OF PINE STRAW

As used in this article, the term: (1) ‘‘Director’’ means the director of the State Forestry Commission. (2) ‘‘Harvesting’’ means the various methods or processes of gathering pine straw for preservation, storage, use, or sale. (3) ‘‘Landowner’’ means the person who owns land on …

The General Assembly finds that: (1) The natural occurrence of pine straw constitutes a significant economic resource for owners of timbered property; (2) Such owners have been victimized by continuous and repeated trespasses onto their lands by persons engaged in harvesting pine s…

(a) As a condition of selling pine straw to a pine straw dealer within the State of Georgia, the seller shall obtain and present to the pine straw dealer a certificate of harvest. A certificate of harvest shall be a written or printed document signed by the landowner where the pine…

(a) It shall be unlawful for any person to sell or offer to sell pine straw to a pine straw dealer or seller within the State of Georgia without presenting to the pine straw dealer or seller a certificate of harvest or landowner’s certificate of harvest. (b) It shall be unlawful fo…

The director may issue and enforce written or printed stop sale, stop use, or removal orders to the owners or custodians of any pine straw ordering them to hold the same at a designated place, when the director finds that such pine straw is being offered or exposed for sale in vio…

Any pine straw obtained or offered for sale in violation of this article shall be subject to seizure on the complaint of the director to the superior court of the county in which the pine straw is found. If the court finds the pine straw to be in violation of this article, and ord…

This article shall not be construed so as to affect any farmer or other person harvesting or handling pine straw for home or personal use. History. — Code 1981, § 12-6-206, enacted by Ga. L. 1989, p. 386, § 1.

This article shall be known and may be cited as the ‘‘Georgia Carbon Sequestration Registry Act.’’ History. — Code 1981, § 12-6-220, enacted by Ga. L. 2004, p. 343, § 1; Ga. L. 2021, p. 589, § 1/HB 355.

As used in this article, the term: (1) ‘‘Building embodied carbon’’ means the global warming potential results from a whole-building life cycle assessment covering all life cycle stages, such as extraction, transportation, manufacturing, construction, and end-of-life, except oper…

(a)(1) The commission shall establish a Georgia Carbon Sequestration Registry, which shall be in operation not later than one year after the effective date of this article. (2) The commission may contract with the Georgia Superior Court Clerks’ Cooperative Authority to develop an…

The purpose of the Georgia Carbon Sequestration Registry shall be to do all of the following: (1) Encourage voluntary actions to reduce greenhouse gas emissions, including, but not limited to, the construction of buildings made out of materials that sequester carbon dioxide; (2) …

For purposes of the registry, the commission shall: (1)(A) Adopt rules or regulations specifying acceptable types of carbon sequestration results consistent with paragraph (1) of Code Section 12-6-221 and this paragraph and providing procedures and protocols for the monitoring, e…

(a) The director shall establish the Sustainable Building Material Technical Advisory Committee. The advisory committee shall consist of: (1) One representative from the Georgia Institute of Technology with expertise in engineering and architecture; (2) One representative with ex…

The procedures and protocols for monitoring, estimating, calculating, reporting, and certifying carbon sequestration results established by, or approved pursuant to, this article shall be the only procedures and protocols recognized by the state for the purposes of the registry a…

Procedures and protocols adopted pursuant to subparagraph (B) of paragraph (1) of Code Section 12-6-224 shall not be interpreted or construed as a condition for any lease, permit, license, certificate, or other entitlement for an ongoing use of forest land. History. — Code 1981, §…

Participation in the registry shall be voluntary, and participants may withdraw at any time. History. — Code 1981, § 12-6-227, enacted by Ga. L. 2004, p. 343, § 1; Ga. L. 2021, p. 589, § 1/HB 355.

(a)(1) Participants shall initially report their certified carbon sequestration results for the most recent year for which they have complete data as specified in this article. This shall include sequestration of carbon dioxide from standing trees. After establishing baseline resul…

To support the estimation, calculation, reporting, and certification of carbon sequestration results in a consistent format, the commission, in consultation with the Georgia Superior Court Clerks’ Cooperative Authority, shall adopt standardized forms that all participants shall us…

(a) Participants registering baseline carbon sequestration results in the registry shall provide certification of their methodologies and results. The commission may, upon recommendation of the director, following a public process, adopt simplified procedures to certify carbon sequ…

Not later than two years after the effective date of this article and biennially thereafter, the director shall report to the Governor and the General Assembly on the number of participants in the registry, the amounts of carbon sequestered by those participants, and ways to make…

The commission shall do all of the following: (1) Develop a process for qualifying third-party organizations recognized by the state as competent to certify the carbon sequestration results of the types of natural persons or legal entities that may choose to participate in this r…

This article shall be known and may be cited as the ‘‘Forest Heritage Trust Act of 2004.’’ History. — Code 1981, § 12-6-240, enacted by Ga. L. 2004, p. 354, § 1.

(a) 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 protected to provide benefits to all Georgians…

As used in this article, the term: (1) ‘‘Commission’’ means the State Forestry Commission. (2) ‘‘Forest heritage area’’ means an area of land, marsh, or water which has been identified by the commission as having significant historical, natural, or cultural value. (3) ‘‘Forest heri…

The commission shall serve as an advisory body to the Governor on all matters concerning the Forest Heritage Trust Program and shall make recommendations to the Governor concerning the identification, designation, and acquisition of forest heritage areas; the dedication of forest …

The commission shall have the following powers and duties with regard to the Forest Heritage Trust Program: (1) To adopt and promulgate all policies, rules, and regulations necessary for the identification and acquisition of forest heritage areas and for the selection, dedication,…

A forest heritage area which has been acquired by the commission for the Forest Heritage Trust Program may become dedicated as a forest heritage preserve after written recommendation of the commission and approval by Executive Order of the Governor. Any other real property owned …

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

Neither the dedication of a piece of property as a forest heritage preserve nor any action taken by the commission pursuant to this article shall operate to void, preempt, or dilute any protected status which that property had or would have had but for its dedication as a forest …

As used in this article, the term: (1) ‘‘Director’’ means the director of the State Forestry Commission. (2) ‘‘Harvest’’ or ‘‘harvesting’’ means the various methods or processes of gathering saw palmetto berries for preservation, storage, use, or sale. (3) ‘‘Landowner’’ means the…

The General Assembly finds that: (1) The natural occurrence of saw palmetto berries constitutes a significant economic resource for landowners; (2) Such landowners have been victimized by continuous and repeated trespasses onto their lands by persons engaged in harvesting saw palme…

(a) As a condition of selling saw palmetto berries to a saw palmetto berry dealer within this state, the seller shall obtain and present to the saw palmetto berry dealer a certificate of harvest. A certificate of harvest shall be a written or printed document signed by the landowne…

(a) A person who participates in the procurement of palmetto berries shall maintain a legible record of all activities and purchase transactions of saw palmetto berries. Such record shall include the following information: (1) The names and addresses of such person and of the lan…

When the director or law enforcement finds that any saw palmetto berries are being harvested or offered or exposed for sale in violation of this article, the director or law enforcement may issue and enforce written or printed stop harvest, stop sale, stop use, or removal orders t…

Any saw palmetto berries obtained or offered for sale in violation of this article shall be subject to seizure on the complaint of the director or law enforcement to the superior court of the county in which the saw palmetto berries are found. If the court finds the status of the …