TITLE 12
CONSERVATION AND NATURAL RESOURCES
ARTICLE 5
RIVERS AND RIVER BASINS
12-5-443. Comprehensive land and water use plan; transmittal of plan to political subdivisions; notice and hearing; promulgation of rules and regulations; application fee.
The commission shall, consistent with the purposes of this part:
-
Prepare, adopt, and keep up to date one or more comprehensive, coordinated land and water use plans for the stream corridor. The plan, as prepared and approved by the commission, shall set land use criteria for flood and flood damage prevention, erosion and siltation control, water quality protection, and intensity of development in the stream corridor. In preparing, adopting, and updating the plan, the commission shall be authorized to account for the varying characteristics of different sections of the stream corridor and set land use criteria accordingly. At least eight weeks prior to adoption of a plan for all land brought within the stream corridor on or after July 1, 1998, notice that the property is subject to the "Metropolitan River Protection Act," including notice of the process of adoption of the plan to be followed by the commission, shall be provided by United States mail to each property owner within the affected portion of the stream corridor as shown by the prior year's property tax records. The failure of any owner to actually receive such notice shall not affect the applicability of the plan to such owner's property or create any cause of action for damages or equitable relief. The plan, as adopted by the commission, shall be transmitted to each political subdivision by June 16, 1973. The plan as adopted by the commission for any and all land brought within the stream corridor after March 1, 1983, shall be transmitted to each political subdivision and to the director by July 1, 1983. The plan adopted by the commission for any and all land brought within the stream corridor on or after July 1, 1998, shall be transmitted to each political subdivision and to the director by October 1, 1998. The commission may, after hearing, utilize or adopt an existing plan or plans as the plan called for by this part. The commission may from time to time revise the plan or portions thereof, and any such revisions of the plan shall be transmitted promptly after adoption. Prior to the adoption of the plan, or of any substantial portion or any revision of the plan, the commission shall hold a public hearing on the proposed plan, or portion or revision thereof, in each county in which any land affected by the plan or, in the case of a portion or revision of the plan, in which any land affected by such portion or revision lies. The commission shall cause notice of the time and place of each such public hearing to be published once a week for two weeks in one or more newspapers of general circulation in each county in which land to be affected lies. Any such land and water use plan shall be prepared in consultation and with assistance of the county or city governing authority where the land to be affected lies;
-
Foster and undertake such studies of water and related land resources problems in the stream corridor as are necessary in the preparation or revision of the plan;
-
Make such rules and regulations as may be necessary to implement the purposes of this part and to administer and implement this part and all rules, regulations, and orders promulgated under this part. A copy of any rules and regulations promulgated pursuant to this paragraph by a commission which is also a metropolitan area planning and development commission created pursuant to Article 4 of Chapter 8 of Title 50 shall be provided to the Senate Natural Resources and the Environment Committee and the Georgia House of Representatives Natural Resources and Environment Committee; and
-
Charge a reasonable fee to each applicant for review of any application for a certificate, which fee shall be sufficient to defray all or any portion of the administrative costs of review of the application by the commission and of the cost to the commission of monitoring and inspection of compliance with such certificates.
(Ga. L. 1973, p. 128, § 4; Ga. L. 1975, p. 837, § 3; Code 1981, §12-5-443, enacted by Ga. L. 1982, p. 2107, § 4; Ga. L. 1983, p. 1059, § 3; Ga. L. 1986, p. 321, § 1; Ga. L. 1989, p. 1317, § 6.6; Ga. L. 1998, p. 1394, § 3; Ga. L. 2008, p. 181, § 25/HB 1216; Ga. L. 2009, p. 303, § 13/HB 117.)
Code Commission notes.
- Pursuant to Code Section 28-9-5, in 1998, "plans" was substituted for "plan" in the first sentence of paragraph (1).
Editor's notes.
- Ga. L. 2009, p. 303,
§
20/HB 117, not codified by the General Assembly, provides that: "This Act is intended to reflect the current internal organization of the Georgia Senate and House of Representatives and is not otherwise intended to change substantive law. In the event of a conflict with any other Act of the 2009 General Assembly, such other Act shall control over this Act."
JUDICIAL DECISIONS
Constitutionality of notice provisions.
- Notice provisions of O.C.G.A.
§
12-5-443 do not violate due process and the Atlanta Regional Commission was not required to give personal notice to every landowner possibly affected by the commission's regulations. Threatt v. Fulton County, 266 Ga. 466, 467 S.E.2d 546 (1996).
Regulations held reasonable.
- Requiring permits for grading and vegetation clearance, prohibiting cut and fill operations which alter the natural elevation, and limiting the construction of impervious structures are reasonable means of guarding against the dangers of soil erosion, sedimentation, and increased flooding. Pope v. City of Atlanta, 242 Ga. 331, 249 S.E.2d 16 (1978).
The state and the City of Atlanta engaged in valid land use regulation and did not appropriate land for public use without compensation in prohibiting construction of a tennis court within 150 feet of the Chattahoochee River. Pope v. City of Atlanta, 242 Ga. 331, 249 S.E.2d 16 (1978).
