O.C.G.A.

O.C.G.A. § 12-2-24 (2019)

Powers and duties of Board of Natural Resources; rules and regulations; fee refunds; policies

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)

Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.

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(a)(1) The Board of Natural Resources may make such rules and regulations as it may deem advisable to govern the work of the department and the duties of its employees under this title. (2) Without limiting paragraph (1) of this subsection, the board may establish, by rule or regulation, a procedure to refund fees collected in error or overpayment or to which the department or state is not otherwise entitled. (b) The Board of Natural Resources shall have the power to establish the general policies to be followed by the department. (c) The commissioner of natural resources shall have the power to administer the department pursuant to the general policies established by the Board of Natural Resources.

History

Ga. L. 1911, p. 137, § 1; Ga. L. 1924, p. 101, §§ 1, 3, 4; Ga. L. 1931, p. 7, § 25; Ga. L. 1937, p. 264, §§ 1, 4, 9; Ga. L. 1943, p. 128, §§ 1, 2, 14; Ga. L. 1955, p. 483, § 3; Ga. L. 1972, p. 1015, § 1527; Ga. L. 1973, p. 344, § 1; Ga. L. 1984, p. 22, § 12; Ga. L. 2011, p. 558, § 2/SB 121.

Annotations

Cross references. - Powers and duties of Board of Natural Resources relating to vehicle emissions, § 12-9-40 et seq. Rule-making power of Board of Natural

Resources with regard to game and wildlife, § 27-1-4. Rule-making power of Board of Natural Resources with regard to registration, operation, and sale of watercraft, § 52-7-23. Administrative rules and regulations. - Administration, Official Compilation of the Rules and Regulations of the State of Georgia, Georgia Department of Natural Resources, Chapter 391-1 et seq.

JUDICIAL DECISIONS Cited in Longleaf Energy Assocs., LLC v. Friends of the Chattahoochee, Inc., 298 Ga. App. 753, 681 S.E.2d 203 (2009). RESEARCH REFERENCES Am. Jur. 2d. - 61B Am. Jur. 2d, Pollution Control, §§ 3, 4, 5. C.J.S. - 39A C.J.S., Health and Envi-

ronment, §§ 120, 123, 126, 132, 135, 139. 81A C.J.S., States, § 266.

CONSERVATION & NATURAL RES.

CHAPTER 3 PARKS, HISTORIC AREAS, MEMORIALS, AND RECREATION Sec.

Article 1 General Provisions PART 1 GENERAL PROVISIONS Sec.

Duties and powers of department as to recreational policies and programs. Disposition of miscellaneous funds by department. Powers of department as to projects generally. Powers of department and Board of Natural Resources as to Lake Lanier Islands Development. Authority of state to make grants, leases, contracts, and cooperative agreements in regard to public-use areas; powers of department. Federal Land and Water Conservation Fund Act of 1965 - Creation of office for administration of federal funds. Federal Land and Water Conservation Fund Act of 1965 - Designation of office as state agency to deal with secretary of interior; powers of head of office. Federal Land and Water Conservation Fund Act of 1965 - Establishment of state assistance fund to provide matching funds for local recreational projects; limitations on use of fund; approval of projects by federal government. Adoption and promulgation by Board of Natural Resources of rules and regulations regarding parks, historic sites, and recreational areas.

Discount for certified disabled veterans. Directing persons to leave parks, historic sites, or recreational areas upon their refusal to observe rules and regulations; prohibited acts generally.

Notes of Decisions

Cited in 3 cases, 2007–2019 · leading case: City of Guyton v. Barrow, 828 S.E.2d 366 (Ga. 2019).

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City of Guyton v. Barrow, 828 S.E.2d 366 (Ga. 2019). · cites it 2× “Pursuant to CWA requirements, the Board of Natural Resources promulgated a regulation covering both water quality standards and an antidegradation policy. Ga. Comp. R. & Regs.”

Coastal Marshlands Prot. Comm. v. Ctr. for a Sustainable Coast, 649 S.E.2d 619 (Ga. Ct. App. 2007). · cites it 4× “OCGA § 12-2-24. [4] The Challengers describe themselves as public interest environmental organizations.”

Longleaf Energy Assocs., LLC v. Friends of the Chattahoochee, Inc., 681 S.E.2d 203 (Ga. Ct. App. 2009). · cites it 2× “OCGA § 12-2-24. The EPD is a division within the Department of Natural Resources.”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.