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

12-5-237. Permit required; exceptions.

No person shall construct or erect any structure or construct, erect, conduct, or engage in any shoreline engineering activity or engage in any land alteration which alters the natural topography or vegetation of any area within the jurisdiction of this part, except in accordance with the terms and conditions of a permit therefor issued in accordance with this part. A permit may authorize the construction or maintenance of the project proposed in an application. After construction of a project pursuant to a permit, the project may be maintained without an additional permit so long as it does not further alter the natural topography or vegetation of the site or increase the size or scope of the project, and remains in serviceable condition.
1. No permit shall be required for a structure, shoreline engineering activity, or land alteration which exists as of July 1, 1979, provided that a permit must be obtained for any modification which will have a greater adverse effect on the sand-sharing system or for any addition to or extension of such shoreline engineering activity, structure, or land alteration; provided, further, that, if any structure, shoreline engineering activity, or land alteration is more than 80 percent destroyed by wind, water, or erosion as determined by an appraisal of the fair market value by a real estate appraiser certified pursuant to Chapter 39A of Title 43, a permit is required for reconstruction.
2. No permit shall be required for any activity conducted pursuant to a letter of permission. At least 15 days prior to the commencement of any activity authorized pursuant to a letter of permission, the department shall provide public notice describing such activity and the location thereof; provided, however, that public notice shall not be required for any such activity that is necessary for public safety or the delivery of public services.

(Code 1981, §12-5-237, enacted by Ga. L. 1992, p. 1362, § 1; Ga. L. 2013, p. 874, § 3/HB 402.)

The 2013 amendment, effective July 1, 2013, in the third sentence of subsection (a), substituted "an additional permit" for "a permit", and added ", and remains in serviceable condition"; redesignated the existing provisions of subsection (b) as paragraph (b)(1); and added paragraph (b)(2).

Cross references.

- Certification of professional engineers, T. 43, C. 15.

Law reviews.

- For survey article on environment, natural resources, and land use, see 34 Mercer L. Rev. 145 (1982).

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).

Permit requirement.

- Trial court erred in dismissing claim for injunctive relief because the issuance of letters of permission by the Department of Natural Resources for activities that required a permit under the Shore Protection Act, O.C.G.A. § 12-5-237, were subject to challenge under O.C.G.A. § 12-5-245; the center's claim for declaratory relief from letters already issued was properly dismissed because a justiciable controversy no longer existed for which a declaratory judgment would have been appropriate. Ctr. for a Sustainable Coast, Inc. v. Ga. Dep't of Natural Res., 319 Ga. App. 205, 734 S.E.2d 206 (2012).

Cited in Rolleston v. State, 245 Ga. 576, 266 S.E.2d 189 (1980).

RESEARCH REFERENCES

C.J.S.

- 39A C.J.S., Health and Environment, §§ 105, 131.

Cases Citing Georgia Code 12-5-237 From Courtlistener.com
Total Results: 1
Georgia Department of Natural Resources v. Center for a Sustainable Coast, Inc.
Court: Supreme Court of Georgia | Date Filed: 2014-02-24
Citation: 294 Ga. 593, 755 S.E.2d 184, 2014 Fulton County D. Rep. 262, 2014 WL 696487, 2014 Ga. LEXIS 132
Snippet: the size or scope of the project. OCGA § 12-5-237 (a) (2012). 2 Parties requesting land

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