2020 Georgia Code
Title 12 - Conservation and Natural Resources
Chapter 7 - Control of Soil Erosion and Sedimentation
§ 12-7-1. Short Title

This chapter shall be known and may be cited as the "Erosion and Sedimentation Act of 1975."

(Ga. L. 1975, p. 994, § 1; Ga. L. 2003, p. 224, § 5.)

- For article, "From Marshes to Mountains, Wetlands Come Under State Regulation," see 41 Mercer L. Rev. 865 (1990). For article, "Local Government Litigation: Some Pivotal Principles," see 55 Mercer L. Rev. 1 (2003). For annual survey of zoning and land use law, see 58 Mercer L. Rev. 477 (2006).

JUDICIAL DECISIONS

Construction with other law.

- When a landowner made no effort to comply with the Georgia Erosion and Sedimentation Act, O.C.G.A. § 12-7-1 et seq., until the landowner covenanted to maintain the property in agricultural use for a period of ten years, and the record did not show that the landowner fulfilled the necessary regulatory requirements as was necessary for the landowner to have a valid permit under the rule, the trial court erred in granting summary judgment in the landowner's favor and ruling that the landowner's subsequent use of the property as a landfill was grandfathered as a non-conforming use under the applicable zoning ordinance. Flippen Alliance for Cmty. Empowerment, Inc. v. Brannan, 267 Ga. App. 134, 601 S.E.2d 106 (2004).

- Trial court erred by concluding that an organization had standing to appeal a consent order between a property owner and the Director of the Environmental Protection Division (EPD) with regard to soil erosion as it lacked standing to appeal based upon its inability to demonstrate redressability as it failed to identify a procedural requirement the EPD violated, and the consent order did not fall within the categories of orders that required provision of notice and opportunity for comment. Ctr. for a Sustainable Coast, Inc. v. Turner, 324 Ga. App. 762, 751 S.E.2d 555 (2013).

OPINIONS OF THE ATTORNEY GENERAL

Post development regulatory framework not mandated.

- Erosion and Sedimentation Act, O.C.G.A. § 12-7-1 et seq., does not mandate a post-development regulatory framework and it cannot serve as a basis for local governments to assert regulatory authority over the state in a post-development capacity. 2013 Op. Att'y Gen. No. 13-3.

RESEARCH REFERENCES

Am. Jur. 2d.

- 78 Am. Jur. 2d, Waters, § 311.

- 93 C.J.S., Waters, § 184.