TITLE 12
CONSERVATION AND NATURAL RESOURCES
ARTICLE 4
COASTAL WATERS, BEACHES, AND SAND DUNES
12-5-282. Definitions.
As used in this part, the term:
-
"Applicant" means any person who files an application under this part.
-
"Board" means the Board of Natural Resources.
-
"Coastal marshlands" or "marshlands" means any marshland intertidal area, mud flat, tidal water bottom, or salt marsh in the State of Georgia within the estuarine area of the state, whether or not the tidewaters reach the littoral areas through natural or artificial watercourses. "Vegetated marshlands" shall include those areas upon which grow one, but not necessarily all, of the following: salt marsh grass (Spartina alterniflora), black needlerush (Juncus roemerianus), saltmeadow cordgrass (Spartina patens), big cordgrass (Spartina cynosuroides), saltgrass (Distichlis spicata), coast dropseed (Sporobolus virginicus), bigelow glasswort (Salicornia bigelovii), woody glasswort (Salicornia virginica), saltwort (Batis maritima), sea lavender (Limonium nashii), sea oxeye (Borrichia frutescens), silverling (Baccharis halimifolia), false willow (Baccharis angustifolia), and high-tide bush (Iva frutescens). The occurrence and extent of salt marsh peat at the undisturbed surface shall be deemed to be conclusive evidence of the extent of a salt marsh or a part thereof.
-
"Commissioner" means the commissioner of natural resources.
-
"Committee" means the Coastal Marshlands Protection Committee created by this part.
-
"Eligible person" means any person who is the owner of high land adjoining the state owned marshland or water bottoms, or combination thereof, sought to be leased by said person such that at least 100 percent of the landward boundary of the state owned marshland or water bottom, or combination thereof, sought to be leased is bordered by said adjoining high land.
-
"Estuarine area" means all tidally influenced waters, marshes, and marshlands lying within a tide-elevation range from 5.6 feet above mean tide level and below.
(7.1) "Letter of permission" means written authorization from the department to conduct a proposed activity in an area subject to the jurisdiction of this part, provided such activity is either within the physical perimeter of an existing serviceable project or involves the construction and removal of a project or other temporary activity that concludes within six months, inclusive of the time needed to return all affected areas to a condition approximate to, or better than, that which existed prior to the commencement of such activity.
-
"Live-aboard" means a floating vessel or other watercraft capable of safe, mechanically propelled navigation under average Georgia coastal wind and current conditions which is utilized as a human or animal abode and is located at a marina or a mooring area established by the department.
-
"Minor alteration" means any change in the marshlands which, taken singularly or in combination with other changes, involve less than 0.10 acres. Minor alteration also includes renewal of permits previously issued by the committee.
-
"Person" means any individual, partnership, corporation, municipal corporation, county, association, or public or private authority, and shall include the State of Georgia, its political subdivisions, and all its departments, boards, bureaus, commissions, or other agencies, unless specifically exempted by this part.
-
"Political subdivision" means the governing authority of a county or a municipality in which the marshlands to be affected or any part thereof are located.
-
"Private dock" means a structure built onto or over the marsh and submerged lands which is used for recreational fishing and other recreational activities, is not available to the public, does not have enclosures, and does not create a navigation hazard; provided, however, that a private dock may be covered and screened with wainscotting not higher than three feet and may be equipped with a hoist.
-
"Serviceable" means usable as is or with only minor maintenance but not so degraded as to essentially require reconstruction, as determined by the department.
(Ga. L. 1970, p. 939, § 2; Code 1981, §12-5-281; Ga. L. 1982, p. 3, § 12; Ga. L. 1989, p. 574, § 1; Ga. L. 1990, p. 8, § 12; Code 1981, §12-5-282, as redesignated by Ga. L. 1992, p. 2294, § 1; Ga. L. 2012, p. 1074, § 2/SB 319; Ga. L. 2013, p. 874, § 4/HB 402.)
The 2012 amendment,
effective July 1, 2012, substituted the present provisions of paragraph (8) for the former provisions, which read: "'Live-aboard' means a floating vessel or other water craft which is moored to a dock, tree, or piling or anchored in the estuarine waters of the state and is utilized as a human or animal abode. Live-aboards include but are not limited to monohulls, multihulls, houseboats, floating homes, and other floating structures which are used for human or animal habitation."
The 2013 amendment,
effective July 1, 2013, added paragraphs (7.1) and (13).
RESEARCH REFERENCES
Am. Jur. 2d.
- 56 Am. Jur. 2d, Municipal Corporations, Counties, and Other Political Subdivisions,
§
10.
JUDICIAL DECISIONS
"Eligible person."
- There are two components of eligibility under O.C.G.A.
§
12-5-282(6) for a marshland/water bottom lease: (1) the ownership interest in the high land (or upland): and (2) the metes and bounds of the high land contiguous to the water bottom so that at least 100 percent of the landward boundary of the state owned water bottom is bordered by this adjoining high land. DBL, Inc. v. Carson, 284 Ga. App. 898, 645 S.E.2d 56, cert. denied, 2007 Ga. LEXIS 566 (2007).
Marshlands boundary correctly determined.
- Relevant marshlands boundary was where the boundary lay before the owner began the owner's second construction activity in March 2009, because the owner's 2008 excavation had created additional tide-influenced areas; because the second replacement bulkhead encroached on jurisdictional marshlands, the March 2016 removal order was affirmed. C&M Enters. of Ga., LLC v. Williams, 346 Ga. App. 79, 816 S.E.2d 44 (2018).
