SB 511: "Georgia River Heritage Act"; enact

Under current Georgia law, an owner of land along a nonnavigable stream (one not usable for regular boat traffic) has exclusive control over that stretch of water, much like any other part of their property. This bill rewrites that law, O.C.G.A. § 44-8-3, to add a legislative finding that Georgians have long had a common-law right to pass through nonnavigable streams, and to write that right directly into the statute. The bill says citizens may use a nonnavigable stream for passage only, using a shallow-draft motorized recreational vessel, canoe, kayak, raft, or tube, as long as the stream is naturally deep enough to support that craft. It keeps the rule that the General Assembly cannot interfere with an owner's lawful use of the stream except to stop nuisances. It also adds a new provision making clear that nothing in the law allows anyone to step onto private land next to the stream. The bill is titled the 'Georgia River Heritage Act' and repeals any conflicting laws.

• Rewrites O.C.G.A. § 44-8-3 to give citizens a right to pass through nonnavigable streams even where the streambed is privately owned.
• Limits that passage right to shallow-draft motorized recreational vessels, canoes, kayaks, rafts, or tubes, and only where the stream is naturally deep enough to support the craft.
• Adds a legislative finding recognizing a common-law right of passage on nonnavigable streams while preserving landowners' control over other uses.
• Adds a new clause specifying that the law does not allow people to enter private land adjacent to the stream.
• Repeals any existing laws that conflict with the new passage right.

Landowners whose property includes or borders nonnavigable streams, recreational paddlers and boaters who use canoes, kayaks, rafts, tubes, or shallow-draft motorized vessels, and anyone involved in disputes over stream access or trespass onto land bordering these waterways.

The change would let members of the public float or paddle through stretches of streams that cross private property, something landowners could currently restrict as part of their exclusive control over the water. At the same time, the bill keeps entry onto the adjoining land itself off-limits, so the practical effect centers on what happens in the water, not on the banks.

• Section 1 names the bill the 'Georgia River Heritage Act' as its short title.
• Section 2 revises O.C.G.A. § 44-8-3 to add a legislative finding recognizing a common-law right of passage on nonnavigable streams.
• Section 2 also adds language allowing citizens to use nonnavigable streams for passage only, restricted to specific types of craft and only where natural depth allows it.
• Section 2 adds subsection (c), clarifying the law does not permit entry onto privately owned land next to the stream.
• Section 3 repeals any laws or parts of laws that conflict with the Act.

1. 2026-02-17Senate Read and Referred (Senate)
2. 2026-02-12Senate Hopper (Senate)

• Shawn Still (R, SD-048)Primary sponsor
• Chuck Hufstetler (R, SD-052)
• Kim Jackson (D, SD-041)
• Nan Orrock (D, SD-036)
• Sonya Halpern (D, SD-039)

• water rights
• stream access
• property rights
• outdoor recreation
• paddling and boating