O.C.G.A.
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.
(a) The department shall have the following authority: (1) To administer and enforce this part and all rules, regulations, and orders promulgated under this part and to determine jurisdiction under this part; (2) To accept moneys that are available from persons, government units, and private organizations; (3) 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; (4) To issue letters of permission and impose a reasonable fee for processing such letters of permission; and (5) To exercise all incidental powers necessary to carry out the purposes of this part.
(b) 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.
History
Ga. L. 1970, p. 939, § 4; Ga. L. 1972, p. 991, § 1; Code 1981, § 12-5-283; Code 1981, § 12-5-284, as re-
designated by Ga. L. 1992, p. 2294, § 1; Ga. L. 2013, p. 874, § 5/HB 402.
Annotations
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, §§ 61, 174, 175, 181, 185, 186, 282, 440, 441. C.J.S. - 73 C.J.S., Public Administra-
tive Law and Procedure, § 226. 73A C.J.S., Public Administrative Law and Procedure, §§ 575 et seq. 81A C.J.S., States, § 271.
CONSERVATION & NATURAL RES.
Notes of Decisions
Ctr. for a Sustainable Coast v. Coastal Marshlands Prot. Comm., 670 S.E.2d 429 (Ga. 2008).
· cites it 4× “The Department has issued an administrative rule addressing the extent of the Committee’s jurisdiction to regulate upland areas in regard to storm water drainage and buffers around permitted projects; the rule defines the “upland component of the project” as all those service…”
Coastal Marshlands Prot. Comm. v. Ctr. for a Sustainable Coast, 649 S.E.2d 619 (Ga. Ct. App. 2007).
· cites it 4× “391-2-3-.02. Moreover, because the DNR has expertise in these matters to which this Court defers, its administrative rule interpreting statutes which it is empowered to enforce carries a presumption of validity.”
— 12-5-284(a)(1) — 2 cases
Ctr. for a Sustainable Coast v. Coastal Marshlands Prot. Comm., 670 S.E.2d 429 (Ga. 2008).
“The Department has issued an administrative rule addressing the extent of the Committee’s jurisdiction to regulate upland areas in regard to storm water drainage and buffers around permitted projects; the rule defines the “upland component of the project” as all those service…”
Coastal Marshlands Prot. Comm. v. Ctr. for a Sustainable Coast, 649 S.E.2d 619 (Ga. Ct. App. 2007).
“391-2-3-.02. Moreover, because the DNR has expertise in these matters to which this Court defers, its administrative rule interpreting statutes which it is empowered to enforce carries a presumption of validity.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.