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O.C.G.A. § 12-3-9 — Adoption and promulgation by Board of Natural Resources of rules and regulations regarding parks, historic sites, and recreational areas | Georgia Code
O.C.G.A. § 12-3-9 (2018) Copy Cite Official Site Syfertize CourtListener Scholar Amendments

TITLE 12 CONSERVATION AND NATURAL RESOURCES

Section 3. Parks, Historic Areas, Memorials, and Recreation, 12-3-1 through 12-3-708.

ARTICLE 1 GENERAL PROVISIONS

12-3-9. Adoption and promulgation by Board of Natural Resources of rules and regulations regarding parks, historic sites, and recreational areas.

  1. The Board of Natural Resources is authorized to adopt and promulgate rules and regulations relating to:
    1. The use or occupancy of state parks, historic sites, and recreational areas; and
    2. The protection of the health, safety, and welfare of persons using state parks, historic sites, and recreational areas, and the protection of state property thereon, provided that nothing in this Code section shall be construed to repeal, diminish, or supersede the authority of the Department of Public Health to promulgate rules and regulations for the protection of the public health.
  2. Nothing in this Code section shall be construed to give additional authority to the Board of Natural Resources to adopt and promulgate rules and regulations relating to the game and fish laws of this state.

(Ga. L. 1976, p. 1160, § 1; Ga. L. 2009, p. 453, § 1-4/HB 228; Ga. L. 2011, p. 705, § 6-3/HB 214.)

The 2011 amendment, effective July 1, 2011, substituted "Department of Public Health" for "Department of Community Health" in paragraph (a)(2).

Cross references.

- Power of Board of Natural Resources to adopt and promulgate rules and regulations relating to game and fish laws, § 27-1-4.

Administrative Rules and Regulations.

- State parks and historic sites system, Official Compilation of the Rules and Regulations of the State of Georgia, Georgia Department of Natural Resources, Chapter 391-5-1.

Law reviews.

- For article on the 2011 amendment of this Code section, see 28 Ga. St. U.L. Rev. 147 (2011).

OPINIONS OF THE ATTORNEY GENERAL

State can make permanent improvements on state parks which the state owns in fee simple. 1954-56 Op. Att'y Gen. p. 655.

RESEARCH REFERENCES

C.J.S.

- 81A C.J.S., States, § 251.

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This Georgia Code resource is curated by Graham W. Syfert, a personal injury and workers' compensation attorney admitted in Georgia (State Bar of Georgia No. 881027, since 2006) and Florida. For legal consultation, call 904-383-7448.