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2018 Georgia Code 12-5-234 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 12-5-234 Case Law from Google Scholar Amendments to OCGA 12-5-234

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

12-5-234. Powers and duties of department.

  1. The department shall have the following authority:
    1. To administer and enforce this part and all rules, regulations, and orders issued pursuant to this part;
    2. To accept moneys from persons, government units, and private organizations;
    3. To conduct public hearings and to institute and to prosecute court actions as may be necessary to enforce compliance with this part and any rules and regulations promulgated pursuant to this part; provided, however, that all such actions shall be in the name of the department;
    4. To make reasonable inspections of the lands within jurisdiction of this part to ascertain whether the requirements of this part and the rules, regulations, and permits promulgated or issued pursuant to this part are faithfully complied with;
    5. To issue letters of permission and impose a reasonable fee for processing such letters of permission; and
    6. 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.

(Code 1981, §12-5-234, enacted by Ga. L. 1992, p. 1362, § 1; Ga. L. 2013, p. 874, § 2/HB 402.)

The 2013 amendment, effective July 1, 2013, deleted "and" from the end of paragraph (a)(4), added paragraph (a)(5), and redesignated former paragraph (a)(5) as paragraph (a)(6).

JUDICIAL DECISIONS

Sovereign immunity barred injunctive relief.

- In a suit brought by an organization seeking to enjoin the Georgia Department of Natural Resources from issuing letters of permission authorizing land alterations, the appellate court erred by reversing the dismissal of the organization's claim for injunctive relief because sovereign immunity barred injunctive relief against the state at common law and the plain language of the Shore Protection Act, O.C.G.A. § 12-5-245, did not provide for a specific waiver of governmental immunity. Ga. Dep't of Natural Res. v. Ctr. for a Sustainable Coast, Inc., 294 Ga. 593, 755 S.E.2d 184 (2014).

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