O.C.G.A. § 12-5-234 (2019)
Powers and duties of department
(a) 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.
(b) 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.
History
Code 1981, § 12-5-234, enacted by Ga. L. 1992, p. 1362, § 1; Ga. L. 2013, p. 874, § 2/HB 402.
Annotations
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).