Section 12-5-288. Restriction on granting of permits; size restriction; activities and structures considered contrary to public interest

   (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 marshlands to be altered must be minimum in size. The following activities and structures are normally considered to be contrary to the public interest when located in coastal marshlands but the final decision as to whether any activity or structure is considered to be in the public interest shall be in the sound discretion of the committee:

   (1) Filling of marshlands for residential, commercial, and industrial uses;

   (2) Filling of marshlands for private parking lots and private roadways;

   (3) Construction of dump sites and depositing of any waste materials or dredge spoil;

   (4) Dredging of canals or ditches for the purpose of draining coastal marshlands;

   (5) Mining;

   (6) Construction of lagoons or impoundments for waste treatment, cooling, agriculture, or aquaculture which would occupy or damage coastal marshlands or life forms therein;

   (7) Construction of structures which constitute an obstruction of view to adjoining riparian landowners, including signs and enclosures; and

   (8) Occupying a live-aboard for more than 90 days during any calendar year; provided, however, that the commissioner may grant extensions of time beyond 90 days to persons making a request in writing stating the reasons for such extension. Owners of docks where live-aboards are moored as well as owners and occupants of live-aboards are responsible under this part.

Code 1981, § 12-5-288, enacted by Ga. L. 1992, p. 2294, § 1; Ga. L. 2012, p. 1074, § 3/SB 319.