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GEORGIA CODE (Last Updated: August 20, 2013) |
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Title 12. CONSERVATION AND NATURAL RESOURCES |
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Chapter 5. WATER RESOURCES |
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Article 4. COASTAL WATERS, BEACHES, AND SAND DUNES |
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Part 4. COASTAL MARSHLANDS |
| § 12-5-280. Short title |
| § 12-5-281. Legislative findings and declarations |
| § 12-5-282. Definitions |
| § 12-5-283. Coastal Marshlands Protection Committee created; members; powers; per diem and expenses; administrative hearings and review; permits for minor alterations |
| § 12-5-284. Authority of department as to coastal marshlands generally |
| § 12-5-285. Power of board to promulgate rules and regulations |
| § 12-5-286. Permit required; application; notice; public hearing; issuance; denial; dynamic dune fields |
| § 12-5-287. Leasing of state owned marshland or water bottoms |
| § 12-5-288. Restriction on granting of permits; size restriction; activities and structures considered contrary to public interest |
| § 12-5-289. Inspection of marshlands |
| § 12-5-290. Jurisdiction to restrain violation of part |
| § 12-5-291. Enforcement of part |
| § 12-5-292. Posting of permit |
| § 12-5-293. Effect on permit of sale, lease, or other conveyance of land |
| § 12-5-294. Existence of an emergency; order; right to hearing |
| § 12-5-295. Applicability of part |
| § 12-5-296. Criminal violation |
| § 12-5-297. Liability for damages |
REFS & ANNOS
TITLE 12 Chapter 5 Article 4 Part 4 NOTE
ADMINISTRATIVE RULES AND REGULATIONS. --Coastal marshlands protection, Official Compilation of the Rules and Regulations of the State of Georgia, Georgia Department of Natural Resources, Chapter 391-2-3.
LAW REVIEWS. --For article, "Georgia's Environmental Law: A Survey," see 23 Mercer L. Rev. 633 (1972). For article, "Public Rights in Georgia's Tidelands," see 9 Ga. L. Rev. 79 (1974). For article, "Hazardous Waste Issues in Real Estate Transactions," see 38 Mercer L. Rev. 581 (1987). For article, "Georgia Wetlands: Values, Trends, and Legal Status," see 41 Mercer L. Rev. 791 (1990).
For note, "Regulation and Ownership of the Marshlands: The Georgia Marshlands Act," see 5 Ga. L. Rev. 563 (1971). For note discussing the historical aspects and current law concerning the state's ownership rights in tidelands, see 17 Ga. L. Rev. 851 (1983). For note on 1992 amendment of this part, see 9 Ga. St. U.L. Rev. 205 (1992).
OPINIONS OF THE ATTORNEY GENERAL
GEORGIA PORTS AUTHORITY EXEMPT FROM PART. --Because the Georgia Ports Authority, at the time of enactment of O.C.G.A. Pt. 4, Art. 4, Ch. 5, T. 12, was empowered and charged with responsibility of development and improvement of rivers and seaports of this state, as a general matter, the Authority is exempt from the requirements of this part. 1981 Op. Att'y Gen. No. 81-85.
LIMITATION ON EXEMPTION OF GEORGIA PORTS AUTHORITY FROM THIS PART. --While the Georgia Ports Authority is generally exempt from provisions of O.C.G.A. Pt. 4, Art. 4, Ch. 5, T. 12, the Authority must obtain prior written approval of the Coastal Marshlands Protection Committee for any proposed alteration of marshlands adjacent to Colonels Island which were conveyed to the Georgia Ports Authority pursuant to Ga. L. 1973, p. 747. 1981 Op. Att'y Gen. No. 81-85.
BRUNSWICK PORT AUTHORITY falls within the terms of the exception to O.C.G.A. Pt. 4, Art. 4, Ch. 5, T. 12 for state agencies responsible for navigation, and is, thus, exempt from the provisions of that part. 1982 Op. Att'y Gen. No. 82-21.
RESEARCH REFERENCES
ALR. --Conservation: validity, construction, and application of enactments restricting land development by dredging or tilling, 46 ALR3d 1422.
LAW REVIEWS. --For article, "Georgia's Environmental Law: A Survey," see 23 Mercer L. Rev. 633 (1972). For article, "Public Rights in Georgia's Tidelands," see 9 Ga. L. Rev. 79 (1974). For article, "Hazardous Waste Issues in Real Estate Transactions," see 38 Mercer L. Rev. 581 (1987). For article, "Georgia Wetlands: Values, Trends, and Legal Status," see 41 Mercer L. Rev. 791 (1990).
For note, "Regulation and Ownership of the Marshlands: The Georgia Marshlands Act," see 5 Ga. L. Rev. 563 (1971). For note discussing the historical aspects and current law concerning the state's ownership rights in tidelands, see 17 Ga. L. Rev. 851 (1983). For note on 1992 amendment of this part, see 9 Ga. St. U.L. Rev. 205 (1992).
OPINIONS OF THE ATTORNEY GENERAL
GEORGIA PORTS AUTHORITY EXEMPT FROM PART. --Because the Georgia Ports Authority, at the time of enactment of O.C.G.A. Pt. 4, Art. 4, Ch. 5, T. 12, was empowered and charged with responsibility of development and improvement of rivers and seaports of this state, as a general matter, the Authority is exempt from the requirements of this part. 1981 Op. Att'y Gen. No. 81-85.
LIMITATION ON EXEMPTION OF GEORGIA PORTS AUTHORITY FROM THIS PART. --While the Georgia Ports Authority is generally exempt from provisions of O.C.G.A. Pt. 4, Art. 4, Ch. 5, T. 12, the Authority must obtain prior written approval of the Coastal Marshlands Protection Committee for any proposed alteration of marshlands adjacent to Colonels Island which were conveyed to the Georgia Ports Authority pursuant to Ga. L. 1973, p. 747. 1981 Op. Att'y Gen. No. 81-85.
BRUNSWICK PORT AUTHORITY falls within the terms of the exception to O.C.G.A. Pt. 4, Art. 4, Ch. 5, T. 12 for state agencies responsible for navigation, and is, thus, exempt from the provisions of that part. 1982 Op. Att'y Gen. No. 82-21.
RESEARCH REFERENCES
ALR. --Conservation: validity, construction, and application of enactments restricting land development by dredging or tilling, 46 ALR3d 1422.