Section 12-5-323. Powers and duties of department

   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 part and all rules, regulations, and orders upon which the Georgia coastal management program is based;

   (2) To accept, expend, grant, and administer moneys that are available from persons or federal agencies to carry out the provisions of this part;

   (3) To conduct public hearings on the Georgia coastal management program or any actions taken under this part;

   (4) To concur or object to a certification of consistency filed by a person only in connection with an application for a federally administered permit and to concur or object to a determination of consistency filed by a federal agency in connection with a federal activity based on the policies of the Georgia coastal management program established pursuant to this part; provided, however, that if, prior to completion of review of a federally administered permit or federal activity under this part, the department receives notice of the denial of a state permit necessary for the activity, the department shall object to all certifications of consistency or determinations of consistency relating to the proposed activity filed by such person or federal agency; provided, further, that nothing in this part shall be construed to prevent the department from withdrawing such objection; and

   (5) To exercise all incidental powers necessary to carry out the purposes of this part.

Code 1981, § 12-5-323, enacted by Ga. L. 1997, p. 1037, § 1.