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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 5. RIVERS AND RIVER BASINS |
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Part 6. PROTECTION OF METROPOLITAN RIVERS |
| § 12-5-440. Short title |
| § 12-5-441. Definitions |
| § 12-5-442. Legislative findings and purposes |
| § 12-5-443. Comprehensive land and water use plan; transmittal of plan to political subdivisions; notice and hearing; promulgation of rules and regulations; application fee |
| § 12-5-444. Prohibited land and water uses; uses prior to adoption of plan; certificate of compliance with plan; information required of applicant; changes in use; notice and hearing |
| § 12-5-445. Review of application and supporting documents by commission; effect of inconsistencies; alternatives where modification recommended |
| § 12-5-447. Minimum standards for certificates and recommendations |
| § 12-5-448. Appeal |
| § 12-5-449. Other laws not superseded by part |
| § 12-5-450. Election by counties contiguous to area, and by municipalities within county, to come under part |
| § 12-5-451. Uses to which part inapplicable |
| § 12-5-452. Cease and desist orders; injunctions; land-disturbing activities as nuisances; penalty; jurisdiction of actions |
| § 12-5-453. Local regulation of land in drainage basins; enforcement where local regulation inadequate; failure of governing authority to meet requirements |
| § 12-5-454. Removal of sand from watercourse |
| § 12-5-455. Plan and application for certificate open to public inspection |
| § 12-5-456. Commission to notify local authorities of violations of this part; director's powers in absence of local action; hearings on violations |
| § 12-5-457. Environmental Protection Division's powers and duties unaffected by part |
REFS & ANNOS
TITLE 12 Chapter 5 Article 5 Part 6 NOTE
CROSS REFERENCES. --State-wide water management planning, T. 12, C. 5, A. 8. Metropolitan North Georgia Water Planning District, T. 12, C. 5, A. 10. Population bills, § 28-1-15.
EDITOR'S NOTES. --Several of the Code sections in this part are based on Ga. L. 1973, p. 128 and Ga. L. 1975, p. 837, which Acts were not codified in the legislative edition of the O.C.G.A.
LAW REVIEWS. --For survey article on environment, natural resources, and land use, see 34 Mercer L. Rev. 145 (1982). For annual survey of law on environment, natural resources, and land use, see 35 Mercer L. Rev. 147 (1983). For article, "Hazardous Waste Issues in Real Estate Transactions," see 38 Mercer L. Rev. 581 (1987).
For a note discussing the historical aspects and current law concerning the state's ownership rights in tidelands, see 17 Ga. L. Rev. 851 (1983).
JUDICIAL DECISIONS
CONSTITUTIONALITY. --This part did not constitute zoning within the definition set out in Ga. Const. 1976, Art. IX, Sec. IV, Para. II (see Ga. Const. 1983, Art. IX, Sec. II, Para. IV) but instead fell within the reserved powers of the state to act, along with local governing authorities, with regard to the city water system, and was, therefore, constitutional. Pope v. City of Atlanta, 240 Ga. 177, 240 S.E.2d 241 (1977) (see O.C.G.A. T. 12, Ch. 5, Art. 5, Pt. 6).
This part and the Chattahoochee Corridor Study, authorized by this part and adopted by the City of Atlanta, were found not to violate the Constitution of the State of Georgia. Pope v. City of Atlanta, 242 Ga. 331, 249 S.E.2d 16 (1978) (see O.C.G.A. T. 12, Ch. 5, Art. 5, Pt. 6).
EDITOR'S NOTES. --Several of the Code sections in this part are based on Ga. L. 1973, p. 128 and Ga. L. 1975, p. 837, which Acts were not codified in the legislative edition of the O.C.G.A.
LAW REVIEWS. --For survey article on environment, natural resources, and land use, see 34 Mercer L. Rev. 145 (1982). For annual survey of law on environment, natural resources, and land use, see 35 Mercer L. Rev. 147 (1983). For article, "Hazardous Waste Issues in Real Estate Transactions," see 38 Mercer L. Rev. 581 (1987).
For a note discussing the historical aspects and current law concerning the state's ownership rights in tidelands, see 17 Ga. L. Rev. 851 (1983).
JUDICIAL DECISIONS
CONSTITUTIONALITY. --This part did not constitute zoning within the definition set out in Ga. Const. 1976, Art. IX, Sec. IV, Para. II (see Ga. Const. 1983, Art. IX, Sec. II, Para. IV) but instead fell within the reserved powers of the state to act, along with local governing authorities, with regard to the city water system, and was, therefore, constitutional. Pope v. City of Atlanta, 240 Ga. 177, 240 S.E.2d 241 (1977) (see O.C.G.A. T. 12, Ch. 5, Art. 5, Pt. 6).
This part and the Chattahoochee Corridor Study, authorized by this part and adopted by the City of Atlanta, were found not to violate the Constitution of the State of Georgia. Pope v. City of Atlanta, 242 Ga. 331, 249 S.E.2d 16 (1978) (see O.C.G.A. T. 12, Ch. 5, Art. 5, Pt. 6).