2021 Georgia Code
Title 12 - Conservation and Natural Resources
Chapter 5 - Water Resources
Article 4 - Coastal Waters, Beaches, and Sand Dunes
Part 2 - Shore Protection
§ 12-5-233. Area of Operation of Part

The area of operation of this part shall be:

1. The dynamic dune fields on the barrier islands of this state as determined by reference to Code Section 12-5-232. Such determination shall be made by the committee on the basis of site inspection and evaluation of other pertinent information as provided for in subsection (d) of Code Section 12-5-239;
2. The submerged shoreline lands of this state from the seaward limit of this state's jurisdiction landward to the dynamic dune fields or to a line projected from the westernmost point of the dynamic dune field on the southern end of a barrier island, to the westernmost point of the dynamic dune field on the northern end of the adjacent barrier island to the south; and
3. If an area has dynamic dune fields as defined by Code Section 12-5-232, and marshlands as defined by Code Section 12-5-282, it is subject to the jurisdiction of this part and Part 4 of this article. In the event of a conflict between this part and Part 4 of this article, the commissioner shall determine which part shall apply so as to best protect the public interest.

(Code 1981, §12-5-233, enacted by Ga. L. 1992, p. 1362, § 1; Ga. L. 2019, p. 493, § 2/HB 445.)

The 2019 amendment, effective May 3, 2019, for purposes of promulgating rules and regulations and for all other purposes effective December 30, 2019, substituted "committee" for "permit-issuing authority" in the middle of the second sentence of paragraph (1).

- Ga. L. 2019, p. 493, § 10/HB 445, not codified by the General Assembly, provides: "This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval for the purposes of promulgating rules and regulations necessary to administer the provisions of this Act and shall become effective on December 31, 2019, for all other purposes." The Act was approved by the Governor on May 3, 2019.

- For survey article on environment, natural resources, and land use, see 34 Mercer L. Rev. 145 (1982).

Cited in Rolleston v. State, 245 Ga. 576, 266 S.E.2d 189 (1980).