O.C.G.A.
O.C.G.A.

O.C.G.A. § 52-1-3 (2019)

Definitions

✓ 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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As used in this article, the term: (1) ‘‘Board’’ means the Board of Natural Resources. (2) ‘‘Commissioner’’ means the commissioner of natural resources. (3) ‘‘Structure’’ means any structure located upon any tidewaters of this state, whether such structure is floating upon such tidewaters and is made fast by the use of lines, cables, anchors, or pilings, or any combination thereof, or is built upon pilings embedded in the beds of such tidewaters when such structure is being or has been used or is capable of being used as a place of habitation, dwelling, sojournment, or residence for any length of time; is not being used or is not capable of being used as a means of transportation upon such tidewaters; and is not owned, occupied, or possessed pursuant to a permit issued by the commissioner pursuant to Code Section 52-1-10. Such structures may include, but are not limited to, vessels not being used in

WATERS OF STATE, PORTS & WATERCRAFT

navigation; provided, however, that structures do not include live-aboard vessels, as defined in Code Section 52-7-8.4. Structures shall also not include fishing camps, bait shops, restaurants, or other commercial establishments permitted under Part 4 of Article 4 of Chapter 5 of Title 12, the ‘‘Coastal Marshlands Protection Act of 1970,’’ as amended, which do not discharge sewage into the waters of this state and are operated in conformance with the zoning ordinances, if any, of the municipality or county in which they are located. (4) ‘‘Tidewaters’’ means the sea and all rivers and arms of the sea that are affected by the tide, where the tide rises and falls, which are capable of use for fishing, passage, navigation, commerce, or transportation, and which are located within the jurisdiction of the State of Georgia. ‘‘live-aboard vessels, as defined in Code Section 52-7-8.4’’ for ‘‘live-aboards, as defined in Code Section 12-5-282’’ near the end of the next-to-last sentence, and substituted ‘‘this state’’ for ‘‘the state’’ in the middle of the last sentence.

History

Code 1981, § 52-1-3, enacted by Ga. L. 1992, p. 2317, § 1; Ga. L. 1993, p. 91, § 52; Ga. L. 2012, p. 1074, § 4/SB 319; Ga. L. 2019, p. 741, § 2/HB 201. The 2019 amendment, effective January 1, 2020, in paragraph (3), substituted

Notes of Decisions
Cited in 5 cases (2 in the last 5 years), 1999–2024 · leading case: Rouse v. Dep't of Nat. Resources, 524 S.E.2d 455 (Ga. 1999).
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Rouse v. Dep't of Nat. Resources, 524 S.E.2d 455 (Ga. 1999). · cites it 13× “3 The term “structure” is defined by OCGA § 52-1-3 (3). 4 The term “tidewaters” is defined by OCGA § 52-1-3 (4).”
Black v. Floyd, 630 S.E.2d 382 (Ga. 2006). · cites it 2× “*526 OCGA § 52-1-3 (4). There is no dispute that Sterling Creek is a tidal waterway and an arm of the sea.”
Kelso v. Baxter, 665 S.E.2d 381 (Ga. Ct. App. 2008). · cites it 2× “” OCGA § 52-1-3 (4). See Protection of Tidewaters Act, OCGA §§ 52-1-1 to 52-1-20.”
The State of Georgia v. Nofree, LLC (Ga. Ct. App. 2024). · cites it 2× “” OCGA § 52-1-3 (4). The Coastal Marshland Protection Act of 1970, on the other hand, defines “marshlands” as “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…”
The State of Georgia v. Nofree, LLC (Ga. Ct. App. 2024). · cites it 2× “26 OCGA § 52-1-3 (4). 27 Compare Black, 280 Ga.”
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.