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2018 Georgia Code 52-1-3 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 52-1-3 Case Law from Google Scholar Amendments to OCGA 52-1-3

TITLE 52 WATERS OF THE STATE, PORTS, AND WATERCRAFT

Section 1. General Provisions, 52-1-1 through 52-1-39.

ARTICLE 1 PROTECTION OF TIDEWATERS

52-1-3. Definitions.

As used in this article, the term:

  1. "Board" means the Board of Natural Resources.
  2. "Commissioner" means the commissioner of natural resources.
  3. "Structure" means any structure located upon any tidewaters of this state, whether such structure is floating upon such tidewaters and is made fast by the use of lines, cables, anchors, or pilings, or any combination thereof, or is built upon pilings embedded in the beds of such tidewaters when such structure is being or has been used or is capable of being used as a place of habitation, dwelling, sojournment, or residence for any length of time; is not being used or is not capable of being used as a means of transportation upon such tidewaters; and is not owned, occupied, or possessed pursuant to a permit issued by the commissioner pursuant to Code Section 52-1-10. Such structures may include, but are not limited to, vessels not being used in navigation; provided, however, that structures do not include live-aboards, as defined in Code Section 12-5-282. Structures shall also not include fishing camps, bait shops, restaurants, or other commercial establishments permitted under Part 4 of Article 4 of Chapter 5 of Title 12, the "Coastal Marshlands Protection Act of 1970," as amended, which do not discharge sewage into the waters of the state and are operated in conformance with the zoning ordinances, if any, of the municipality or county in which they are located.
  4. "Tidewaters" means the sea and all rivers and arms of the sea that are affected by the tide, where the tide rises and falls, which are capable of use for fishing, passage, navigation, commerce, or transportation, and which are located within the jurisdiction of the State of Georgia.

(Code 1981, §52-1-3, enacted by Ga. L. 1992, p. 2317, § 1; Ga. L. 1993, p. 91, § 52; Ga. L. 2012, p. 1074, § 4/SB 319.)

The 2012 amendment, effective July 1, 2012, substituted "live-aboards, as defined in Code Section 12-5-282" for "vessels which are capable of navigation and are tied up at marinas" in the second sentence of paragraph (3).

Cases Citing O.C.G.A. § 52-1-3

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Rouse v. Dep't of Nat. Resources, 524 S.E.2d 455 (Ga. 1999).

Cited 27 times | Published | Supreme Court of Georgia | Nov 22, 1999 | 271 Ga. 726, 99 Fulton County D. Rep. 4106

...y vague. We disagree with this contention, as we conclude that the phrase "means of transportation" has a commonly understood meaning, and needs no specific definition within the statute. Moreover, reviewing the definition of "structure" provided by § 52-1-3(3), as well as statutory intent provided by OCGA § 52-1-2, [19] which also provides guidance as to the structures that fall within the Act, it is clear that the Act applies to structures, meaning "something constructed or built," [20] (1)...
...ional taking of property without just and adequate compensation is therefore without merit. [29] Judgment affirmed. All the Justices concur. NOTES [1] See OCGA §§ 52-1-1 to 52-1-10. [2] Ga. L.1992, 2317. [3] The term "structure" is defined by OCGA § 52-1-3(3). [4] The term "tidewaters" is defined by OCGA § 52-1-3(4). [5] OCGA § 52-1-5 sets forth the DNR's power to order the removal of such structures. [6] OCGA § 52-1-10(a). [7] See OCGA § 52-1-6. [8] See OCGA § 52-1-3(3). [9] OCGA § 52-1-3(3)....
...the "Coastal Marshlands Protection Act of 1970," as amended, which do not discharge sewage into the waters of the state and are operated in conformance with the zoning ordinances, if any, of the municipality or county in which they are located. OCGA § 52-1-3(3)....
...interest or the public trust, or both, and must be removed to ensure the rights of the state and the people of the State of Georgia to the use and enjoyment of such tidewaters. [20] Webster's Third New International Dictionary 2267 (1961). [21] OCGA § 52-1-3(3)....
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Black v. Floyd, 630 S.E.2d 382 (Ga. 2006).

Cited 12 times | Published | Supreme Court of Georgia | May 17, 2006 | 280 Ga. 525, 2006 Fulton County D. Rep. 1548

...The definition of "tidewaters" includes the sea and all rivers and arms of the sea that are affected by the tide, where the tide rises and falls, which are capable of use for fishing, passage, navigation, commerce, or transportation, and which are located within the jurisdiction of the State of Georgia. OCGA § 52-1-3(4)....