TITLE 12
CONSERVATION AND NATURAL RESOURCES
ARTICLE 4
COASTAL WATERS, BEACHES, AND SAND DUNES
12-5-284. Authority of department as to coastal marshlands generally.
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The department shall have the following authority:
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To administer and enforce this part and all rules, regulations, and orders promulgated under this part and to determine jurisdiction under this part;
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To accept moneys that are available from persons, government units, and private organizations;
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To conduct public hearings and institute and prosecute court actions as may be necessary to enforce compliance with this part and any rules and regulations promulgated hereunder, provided that all such actions shall be in the name of the department;
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To issue letters of permission and impose a reasonable fee for processing such letters of permission; and
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To exercise all incidental powers necessary to carry out the purposes of this part.
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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.
(Ga. L. 1970, p. 939, § 4; Ga. L. 1972, p. 991, § 1; Code 1981, §12-5-283; Code 1981, §12-5-284, as redesignated by Ga. L. 1992, p. 2294, § 1; Ga. L. 2013, p. 874, § 5/HB 402.)
The 2013 amendment,
effective July 1, 2013, deleted "and" from the end of paragraph (a)(3); added paragraph (a)(4); and redesignated former paragraph (a)(4) as paragraph (a)(5).
JUDICIAL DECISIONS
Cited in
Ctr. for a Sustainable Coast v. Coastal Marshlands Prot. Comm., 284 Ga. 736, 670 S.E.2d 429 (2008).
RESEARCH REFERENCES
Am. Jur. 2d.
- 2 Am. Jur. 2d, Administrative Law,
§§
64, 181, 182, 188, 192, 193, 291, 464, 465.
C.J.S.
- 73 C.J.S., Public Administrative Law and Procedure,
§
180. 73A C.J.S., Public Administrative Law and Procedure,
§§
481, 483. 81A C.J.S., States,
§
256.