TITLE 52 WATERS OF THE STATE, PORTS, AND WATERCRAFT

Section 1. General Provisions, 52-1-1 through 52-1-39.

ARTICLE 1 PROTECTION OF TIDEWATERS

52-1-3. Definitions.

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 navigation; provided, however, that structures do not include live-aboards, as defined in Code Section 12-5-282. 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 the 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.

(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.)

The 2012 amendment, effective July 1, 2012, substituted "live-aboards, as defined in Code Section 12-5-282" for "vessels which are capable of navigation and are tied up at marinas" in the second sentence of paragraph (3).