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2018 Georgia Code 12-5-284 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 12-5-284 Case Law from Google Scholar Amendments to OCGA 12-5-284

TITLE 12 CONSERVATION AND NATURAL RESOURCES

Section 5. Water Resources, 12-5-1 through 12-5-586.

ARTICLE 4 COASTAL WATERS, BEACHES, AND SAND DUNES

12-5-284. Authority of department as to coastal marshlands generally.

  1. The department shall have the following authority:
    1. To administer and enforce this part and all rules, regulations, and orders promulgated under this part and to determine jurisdiction under this part;
    2. To accept moneys that are available from persons, government units, and private organizations;
    3. To conduct public hearings and institute and prosecute court actions as may be necessary to enforce compliance with this part and any rules and regulations promulgated hereunder, provided that all such actions shall be in the name of the department;
    4. To issue letters of permission and impose a reasonable fee for processing such letters of permission; and
    5. To exercise all incidental powers necessary to carry out the purposes of this part.
  2. The foregoing powers and duties may be exercised and performed by the department through such duly authorized agents and employees as it deems necessary and proper.

(Ga. L. 1970, p. 939, § 4; Ga. L. 1972, p. 991, § 1; Code 1981, §12-5-283; Code 1981, §12-5-284, as redesignated by Ga. L. 1992, p. 2294, § 1; Ga. L. 2013, p. 874, § 5/HB 402.)

The 2013 amendment, effective July 1, 2013, deleted "and" from the end of paragraph (a)(3); added paragraph (a)(4); and redesignated former paragraph (a)(4) as paragraph (a)(5).

JUDICIAL DECISIONS

Cited in Ctr. for a Sustainable Coast v. Coastal Marshlands Prot. Comm., 284 Ga. 736, 670 S.E.2d 429 (2008).

RESEARCH REFERENCES

Am. Jur. 2d.

- 2 Am. Jur. 2d, Administrative Law, §§ 64, 181, 182, 188, 192, 193, 291, 464, 465.

C.J.S.

- 73 C.J.S., Public Administrative Law and Procedure, § 180. 73A C.J.S., Public Administrative Law and Procedure, §§ 481, 483. 81A C.J.S., States, § 256.

Cases Citing O.C.G.A. § 12-5-284

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Ctr. for a Sustainable Coast v. Coastal Marshlands Prot. Comm., 670 S.E.2d 429 (Ga. 2008).

Cited 33 times | Published | Supreme Court of Georgia | Nov 17, 2008 | 284 Ga. 736, 2008 Fulton County D. Rep. 3665

...786, 792(2), 582 S.E.2d 109 (2003). This deference is particularly warranted here, because, in crafting the CMPA, the General Assembly specifically stated that the Department of Natural Resources is authorized "to determine jurisdiction under [the CMPA]." OCGA § 12-5-284(a)(1)....