O.C.G.A.
O.C.G.A. § 12-5-280 (2019)
Short title
✓ O.C.G.A. (archive.org 2024 item): print volumes of 2004-2024, per-volume vintage; older volumes partly replaced by 2019 Release 73 text; no 2025 or 2026 Acts
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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This part shall be known and may be cited as the ‘‘Coastal Marshlands Protection Act of 1970.’’
History
Ga. L. 1970, p. 939, § 1; Ga. L. 1992, p. 2294, § 1.
Annotations
Law reviews. - For article, ‘‘From Marshes to Mountains, Wetlands Come Under State Regulation,’’ see 41 Mercer L. Rev. 865 (1990). For annual survey of law on administrative law, see 62 Mercer L. Rev. 1 (2010). For article, ‘‘The Chevron Two-Step in Georgia’s Administrative
Law,’’ see 46 Ga. L. Rev. 871 (2012). For annual survey on administrative law, see 64 Mercer L. Rev. 39 (2012). For comment, ‘‘ ‘Wrest’ in Peace: The Effect of the Georgia Environmental Protection Division’s ‘Wrested Vegetation Rule’ on Coastal Salt Marshes,’’ see 32 Georgia St. U.L. Rev. 953 (2016).
Notes of Decisions
Cited in 8
cases, 2003–2018 · leading case: Ctr. for a Sustainable Coast v. Coastal Marshlands Prot. Comm., 670 S.E.2d 429 (Ga. 2008).
Ctr. for a Sustainable Coast v. Coastal Marshlands Prot. Comm., 670 S.E.2d 429 (Ga. 2008). “Finding that the Court of Appeals properly held that regulation under the CMPA does not extend to residential activities in upland areas, we affirm.”
Coastal Marshlands Prot. Comm. v. Ctr. for a Sustainable Coast, 649 S.E.2d 619 (Ga. Ct. App. 2007). “The primary issue presented in these appeals is whether the Coastal Marshlands Protection Act (CMPA) (OCGA § 12-5-280 et seq.), enacted in 1970 to protect coastal marshlands by regulation of activities and structures in the marshlands, may be construed to regulate activities or…”
DBL, INC. v. Carson, 585 S.E.2d 87 (Ga. Ct. App. 2003). “2 See OCGA § 12-5-280 et seq. 3 See OCGA §§ 12-5-287 (a), (b); 12-5-282 (6) (defining “eligible person”).”
Coastal Marshlands Prot. Comm. v. Altamaha Riverkeeper, Inc., 726 S.E.2d 539 (Ga. Ct. App. 2012). “Applicants seeking a permit must “demonstrate to the [C]ommittee that the proposed alteration is not contrary to the public interest and that no feasible alternative sites exist.”
Campbell v. Landings Ass'n, 716 S.E.2d 543 (Ga. Ct. App. 2011). “5 OCGA § 12-5-280 et seq. 6 Pursuant to Rule 25 (c) (2), we may consider such an enumeration of error abandoned.”
Hitch v. Vasarhelyi, 680 S.E.2d 411 (Ga. 2009). “OCGA § 12-5-280 et seq. That Act contains a specific provision which sets forth a standing test similar to that for zoning, in its definition of persons who are "aggrieved or adversely affected.”
Coastal Marshlands Prot. Comm. v. Altamaha Riverkeeper, Inc., 695 S.E.2d 273 (Ga. Ct. App. 2010). “This case involves the Coastal Marshlands Protection Committee’s (“CMPC”) issuance of a permit to a developer to build a dock over State-owned marshlands, pursuant to the Coastal Marshlands Protection Act (“CMPA”) (OCGA § 12-5-280 et seq.). After the permit was issued, Altamaha…”
C&M Enter. of Georgia, LLC v. Williams., 816 S.E.2d 44 (Ga. Ct. App. 2018). “By way of background, we note that the Coastal Marshlands Protection Act of 1970, OCGA §§ 12-5-280 through 12-5-297, was enacted to regulate structures and activities in Georgia's coastal marshlands "to ensure that the value and functions of the coastal marshlands are not…”
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