---
title: SB 511. "Georgia River Heritage Act"; enact
collection: bills
id: 2025-2026/sb511
cite_as: SB 511, 2025-2026 Regular Session (Ga.)
canonical_url: https://georgiacommons.org/bills/2025-2026/sb511
md_url: https://georgiacommons.org/bills/2025-2026/sb511.md
text_url: https://georgiacommons.org/bills/2025-2026/sb511/text
source_url: https://www.legis.ga.gov/legislation/73235
date: 2026-02-17
status: introduced
corpus_version: bills-2026-09-13
license: Public record of the Georgia General Assembly, via LegiScan; see about.md
publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
up: https://georgiacommons.org/bills/2025-2026.md
previous: https://georgiacommons.org/bills/2025-2026/sb510.md
next: https://georgiacommons.org/bills/2025-2026/sb512.md
index: https://georgiacommons.org/bills/index.md
omitted: votes and history
omitted_chars: 95
omitted_url: https://georgiacommons.org/bills/2025-2026/sb511.md?full=1
bill_number: SB 511
session: 2025-2026 Regular Session
session_slug: 2025-2026
chamber: Senate
bill_type: bill
status_date: 2026-02-12
last_action: Senate Read and Referred
sponsors:
  - Shawn Still
  - Chuck Hufstetler
  - Kim Jackson
  - Nan Orrock
  - Sonya Halpern
text_version: Introduced
has_text: true
legiscan_url: https://legiscan.com/GA/bill/SB511/2025
upstream_id: 2116171
summaries_model: claude-sonnet-5
topic_tags:
  - water rights
  - stream access
  - property rights
  - outdoor recreation
  - paddling and boating
---

# SB 511. "Georgia River Heritage Act"; enact

## Text

Senate Bill 511
By: Senators Still of the 48th, Hufstetler of the 52nd, Jackson of the 41st, Orrock of the 36th
and Halpern of the 39th
A BILL TO BE ENTITLED
AN ACT
To amend Chapter 8 of Title 44 of the Official Code of Georgia Annotated, relating to water
rights, so as to clarify the right of citizens of this state to use nonnavigable streams for
passage; to provide for a legislative finding; to provide for a short title; to provide for related
matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
This Act shall be known and may be cited as the "Georgia River Heritage Act."
SECTION 2.
Chapter 8 of Title 44 of the Official Code of Georgia Annotated, relating to water rights, is
amended by revising Code Section 44-8-3, relating to exclusive possession by owner of
nonnavigable streams and interference by legislature with lawful use, as follows:
"44-8-3.
<ins>(a) The General Assembly finds that it has no power to compel or interfere with an owner's
lawful use of a nonnavigable stream, for the benefit of those above or below the owner on
</ins>
<ins>the stream, except to restrain nuisances. However, the General Assembly further finds that,
by common law, the citizens of this state have an inherent right to use nonnavigable
streams solely for the purpose of passage.
(b)</ins> The owner of a nonnavigable stream is entitled to the same exclusive possession of the
stream as he <ins>or she</ins> has of any other part of his <ins>or her</ins> land; <ins>provided, however, that the
citizens of this state shall have the right to use any nonnavigable stream for passage only,
and solely by means of a shallow draft motorized recreational vessel, canoe, kayak, raft,
or tube that the nonnavgiable stream is of sufficient depth to support naturally.</ins> <del>The
legislature has no power to compel or interfere with the owner's lawful use of the stream,
for the benefit of those above or below him on the stream, except to restrain nuisances.
</del> <ins>(c) Nothing contained in this Code section shall be construed to permit entry upon
privately owned land adjacent to nonnavigable streams."
</ins> SECTION 3.
All laws and parts of laws in conflict with this Act are repealed.

## Summaries written by Georgia Commons

The following was written by claude-sonnet-5 from the text above and is not part of the bill. Quote the text, not the summary.

A Georgia Senate bill would let the public paddle or float on nonnavigable streams even where the streambed is privately owned, while still barring anyone from stepping onto adjoining private land.

### Plain-language summary

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.

### What it does

- 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.

### Who it affects

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.

### Why it matters

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.

### Key provisions

- 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.

## Status

- Status: Introduced (2026-02-12)
- Last action: Senate Read and Referred (2026-02-17)
- Sponsors: Shawn Still, Chuck Hufstetler, Kim Jackson, Nan Orrock, Sonya Halpern
- Official page: https://www.legis.ga.gov/legislation/73235

> The history, votes, and amendments (95 characters) are at https://georgiacommons.org/bills/2025-2026/sb511.md?full=1
