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Call Now: 904-383-7448The General Assembly finds and declares that the coastal marshlands of Georgia comprise a vital natural resource system.It is recognized that the estuarine area of Georgia is the habitat of many species of marine life and wildlife and, without the food supplied by the marshlands, such marine life and wildlife cannot survive.The General Assembly further finds that intensive marine research has revealed that the estuarine marshlands of coastal Georgia are among the richest providers of nutrients in the world. Such marshlands provide a nursery for commercially and recreationally important species of shellfish and other wildlife, provide a great buffer against flooding and erosion, and help control and disseminate pollutants.Also, it is found that the coastal marshlands provide a natural recreation resource which has become vitally linked to the economy of Georgia's coastal zone and to that of the entire state.The General Assembly further finds that this coastal marshlands resource system is costly, if not impossible, to reconstruct or rehabilitate once adversely affected by man related activities and is important to conserve for the present and future use and enjoyment of all citizens and visitors to this state.The General Assembly further finds that the coastal marshlands are a vital area of the state and are essential to maintain the health, safety, and welfare of all the citizens of the state. Therefore, the General Assembly declares that the management of the coastal marshlands has more than local significance, is of equal importance to all citizens of the state, is of state-wide concern, and consequently is properly a matter for regulation under the police power of the state.The General Assembly further finds and declares that activities and structures in the coastal marshlands must be regulated to ensure that the values and functions of the coastal marshlands are not impaired and to fulfill the responsibilities of each generation as public trustees of the coastal marshlands for succeeding generations.
(Code 1981, §12-5-281, enacted by Ga. L. 1992, p. 2294, § 1.)
- Committee's authority to issue a permit under the Coastal Marshlands Protection Act (CPMA), O.C.G.A. § 12-5-280 et seq., did not extend to residential upland areas of the development at issue because the use of the term "otherwise alter" in O.C.G.A. § 12-5-286(a) was not authority for such a determination and, although the developer was required to secure a permit because the developer intended to place structures in the marshlands, the permitting process was not triggered because of any other activity that could have been deemed to "otherwise alter" the marshlands; extending the permitting reach of the committee to upland areas even miles away from the marshes and coastal waters did not mesh with O.C.G.A. § 12-5-288(a)'s admonition that a project not water-related should not gain a permit under the CMPA. The structure of the statute, and the language used therein, showed an intent for a far more limited role for the committee. Ctr. for a Sustainable Coast v. Coastal Marshlands Prot. Comm., 284 Ga. 736, 670 S.E.2d 429 (2008).
Total Results: 1
Court: Supreme Court of Georgia | Date Filed: 2008-11-17
Citation: 670 S.E.2d 429, 284 Ga. 736, 2008 Fulton County D. Rep. 3665, 2008 Ga. LEXIS 985
Snippet: marshlands for succeeding generations. OCGA § 12-5-281 (emphasis supplied). The structure of the statute