O.C.G.A.

O.C.G.A. § 12-7-2 (2019)

Legislative findings; policy of state and intent of chapter

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)

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.

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It is found that soil erosion and sediment deposition onto lands and into waters within the watersheds of this state are occurring as a result of widespread failure to apply proper soil erosion and sedimentation control practices in land clearing, soil movement, and construction activities and that such erosion and sediment deposition result in pollution of state waters and damage to domestic, agricultural, recreational, fish and wildlife, and other resource uses. It is therefore declared to be the policy of this state and the intent of this chapter to strengthen and extend the present erosion and sediment control activities and programs of this state and to provide for the establishment and implementation of a state-wide comprehensive soil erosion and sediment control program to conserve and protect the land, water, air, and other resources of this state.

History

Ga. L. 1975, p. 994, § 2; Ga. L. 2003, p. 224, § 5.

Annotations

JUDICIAL DECISIONS Exclusion of evidence for violations. - Trial court did not err in denying the defendant’s motion in limine to exclude evidence relating to the defendant’s violations of the Georgia Water Quality Control Act, O.C.G.A. § 12-5-20 et seq.,

and the Sedimentation Control Act, O.C.G.A. §§ 12-7-2 and 12-7-6(a), because the evidence was relevant to the plaintiffs’ negligence per se claims. Pulte Home Corp. v. Simerly, 322 Ga. App. 699, 746 S.E.2d 173 (2013).

Notes of Decisions

Cited in 8 cases, 2013–2015 · leading case: Turner v. Georgia River Network, Grady Cnty. Bd. of Commissioners v. Georgia River Network, 773 S.E.2d 706 (Ga. 2015).

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Turner v. Georgia River Network, Grady Cnty. Bd. of Commissioners v. Georgia River Network, 773 S.E.2d 706 (Ga. 2015). · cites it 6× “The establishment of buffers for state waters alongside banks with wrested vegetation is only one of many tools or “best management practices,” available to accomplish the intent of the Erosion and Sedimentation Act as stated in OCGA § 12-7-2. See, e.g., OCGA §12-7-6 (a) (1);…”

Pulte Home Corp. v. Simerly, 746 S.E.2d 173 (Ga. Ct. App. 2013). · cites it 2× “Similarly, a discharge of storm water runoff from construction activities where best management practices have not been properly implemented violates the Sedimentation Control Act.”

Georgia River Network v. Turner, 762 S.E.2d 123 (Ga. Ct. App. 2014). · cites it 4× “OCGA § 12-7-2. The Erosion and Sedimentation Act provides that land-disturbing activities must conform with “best management practices.”

Ctr. for a Sustainable Coast, Inc. v. Turner, 751 S.E.2d 555 (Ga. Ct. App. 2013). · cites it 2× “OCGA § 12-7-2. *763 The Act “established a 25 foot buffer along the banks of all state waters.”

Judson H. Turner, Dir., Env't Prot. Div., Georgia Dept of Nat. Resources v. Grady Cnty. Bd. of Commissioners (Ga. Ct. App. 2014). · cites it 4× “OCGA § 12-7-2. The Erosion and Sedimentation Act provides that land-disturbing activities must conform with “best management practices.”

Turner v. Georgia River Network, Grady Cnty. Bd. of Commissioners v. Georgia River Network (Ga. 2015). · cites it 4× “The establishment of buffers for state waters alongside banks with wrested vegetation is only one of many tools or “best management practices,” available to accomplish the intent of the Erosion and Sedimentation Act as stated in OCGA § 12-7-2. See, e.g., OCGA § 12-7-6 (a) (1),…”

Pulte Homes v. Adele Simerly (Ga. Ct. App. 2013). · cites it 2× “OCGA §§ 12-7-2, 12-7-6 (a). It is well-settled that Georgia law allows the adoption of a statute or regulation as a standard of conduct so that its violation becomes negligence per se.”

Judson H. Turner v. Ctr. for a Sustainable Coast (Ga. Ct. App. 2013). · cites it 2× “OCGA § 12-7-2. The Act “established a 25 foot buffer along the banks of all state waters.”

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.