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2018 Georgia Code 12-16-3 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 12-16-3 Case Law from Google Scholar Amendments to OCGA 12-16-3

TITLE 12 CONSERVATION AND NATURAL RESOURCES

Section 16. Environmental Policy and Regulations, 12-16-1 through 12-16-23.

ARTICLE 1 ENVIRONMENTAL POLICY

12-16-3. Definitions.

As used in this article, the term:

  1. "A proposed governmental action which may significantly adversely affect the quality of the environment" means a project proposed to be undertaken by a government agency or agencies, for which it is probable to expect a significant adverse impact on the natural environment, including the state's air, land, water, plants, animals, historical sites or buildings, or cultural resources.Such actions shall not include: (A) emergency measures undertaken in response to an immediate threat to public health or safety; or (B) activities in which government agency participation is ministerial in nature, involving no exercise of discretion on the part of the government agency.
  2. "Director" means the director of the Environmental Protection Division of the Department of Natural Resources.
  3. "Division" means the Environmental Protection Division of the Department of Natural Resources.
  4. "Environmental effects report" means a report on a proposed governmental action which may significantly adversely affect the quality of the environment.
  5. "Government agency" means any department, board, bureau, commission, authority, or other agency of the state.
  6. "Land-disturbing activity" means scraping, plowing, clearing, dredging, grading, excavating, transporting, or filling of land or placement of any structure or impervious surface, dam, obstruction, or deposit or placement of or alteration to any structure on or eligible for the Georgia Register of Historic Places; provided, however, that agricultural practices involving the establishment, cultivation, or harvesting of products of the field or orchard; the preparation and planting of pasture land; farm ponds; dairy operations; livestock and poultry management practices; and forestry land management practices, including harvesting of less than five acres of trees over two inches in diameter at breast height, are excluded from the definition of land-disturbing activity.
  7. "Proposed governmental action" means any proposed land-disturbing activity by a government agency or funded by a grant from a government agency, any proposed sale or exchange of more than five acres of state owned land, or any proposed harvesting of five acres or more of trees over two inches in diameter at breast height, but the term proposed governmental action does not include, among other things, the following:
    1. Any action or undertaking of a nongovernmental entity, even if that action or undertaking requires a permit, license, or other approval by a government agency;
    2. Any action or undertaking of a municipality, a county, or an authority of a municipality or county, unless more than 50 percent of the total cost is funded by a grant of a government agency or a grant of more than $250,000.00 is made by a government agency;
    3. The permitting or licensing by a government agency of an action or undertaking;
    4. The promulgation and implementation of rules and regulations by a government agency;
    5. The sale of bonds by a government agency or any program of loans funded by the sale of bonds by a government agency; or
    6. Litigation decisions made by a government agency.
  8. "Responsible official" means the official or body in charge of or authorized to act on behalf of a government agency.

(Code 1981, §12-16-3, enacted by Ga. L. 1991, p. 1728, § 1; Ga. L. 2004, p. 329, § 2.)

JUDICIAL DECISIONS

Cited in Georgia Council of Professional Archaeologists v. Board of Regents of Univ. Sys., 271 Ga. 757, 523 S.E.2d 879 (1999).

Cases Citing O.C.G.A. § 12-16-3

Total Results: 3  |  Sort by: Relevance  |  Newest First

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Murphy v. Murphy, 430 S.E.2d 749 (Ga. 1993).

Cited 45 times | Published | Supreme Court of Georgia | Jun 28, 1993 | 263 Ga. 280, 93 Fulton County D. Rep. 2354

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Thornton v. Clarke Cnty. Sch. Dist., 514 S.E.2d 11 (Ga. 1999).

Cited 20 times | Published | Supreme Court of Georgia | Mar 8, 1999 | 270 Ga. 633, 99 Fulton County D. Rep. 939

...any governmental action that could "significantly adversely affect the quality of the environment." OCGA § 12-16-4(a). The Act defines "government agency" as "any department, board, bureau, commission, authority, or other agency of the state." OCGA § 12-16-3(5)....
...City of Brunswick, 262 Ga. 399(7), 418 S.E.2d 367 (1992). The GEPA does not specifically exclude any governmental entities from the definition of "government agency," nor does it specifically include school districts or other political subdivisions. [1] OCGA § 12-16-3....
...s that they are stewards of ... environmental ... resources." (Emphasis supplied.) OCGA § 12-16-2(2). The Act includes as a "proposed governmental action" the "sale or exchange of more than five acres of state owned land." (Emphasis supplied.) OCGA § 12-16-3(7)....
...Finally, the Act contains a provision defining "proposed governmental action" that excludes actions by municipalities and counties, unless more than 50 percent or more than *13 $250,000 of the cost of the action is funded by a government agency. OCGA § 12-16-3(7)....
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Georgia Council of Prof'l Archaeologists v. Bd. of Regents of Univ. Sys. of Georgia, 271 Ga. 757 (Ga. 1999).

Cited 1 times | Published | Supreme Court of Georgia | Nov 15, 1999 | 523 S.E.2d 879, 99 Fulton County D. Rep. 4112

...eology, filed suit in the Superior Court of Gordon County, contending that the sale was subject to the Georgia Environmental Policy Act (GEPA), OCGA § 12-16-1 et seq., since it involved the sale of more than five acres of state-owned land. See OCGA § 12-16-3 (7)....
...vironment” which required the responsible official to have an environmental effects report prepared and to notify the public. It is clear that the sale of more than five acres of state-owned land is a “proposed governmental action” under OCGA § 12-16-3 (7) and that, under OCGA § 12-16-3 (5), the Board of Regents is a “government agency” subject to GEPA....
...anting appellants’ application for discretionary review since they were dependent upon an initial resolution that § 12-16-5 (c) did not bar appellants’ suit. Judgment affirmed. All the Justices concur, except Hunstein, J, who dissents. OCGA § 12-16-3 defines the applicable terms as follows: (1) “A proposed governmental action which may significantly adversely affect the quality of the environment” means a project proposed to be undertaken by a government agency or agencies, for wh...
.... (8) “Responsible official” means the official or body in charge of or authorized to act on behalf of a government agency. An “environmental effects report” is statutorily defined as “a report on a proposed governmental action which may significantly adversely affect the quality of the environment.” OCGA § 12-16-3 (4). Under the doctrine of sovereign immunity, the State cannot be sued without its consent....