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Official Code of Georgia Annotated

Title 12. CONSERVATION AND NATURAL RESOURCES · Chapter 5. WATER RESOURCES · Article 4. COASTAL WATERS, BEACHES, AND SAND DUNES · Part 2. SHORE PROTECTION

12-5-237. Permit required; exceptions.

Active

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

  1. (a)

    No person shall construct or erect any structure or construct, erect, conduct, or engage in any shoreline engineering activity or engage in any land alteration which alters the natural topography or vegetation of any area within the jurisdiction of this part, except in accordance with the terms and conditions of a permit therefor issued in accordance with this part. A permit may authorize the construction or maintenance of the project proposed in an application. After construction of a project pursuant to a permit, the project may be maintained without an additional permit so long as it does not further alter the natural topography or vegetation of the site or increase the size or scope of the project, and remains in serviceable condition.#

  2. (b)
    1. (1)

      No permit shall be required for a structure, shoreline engineering activity, or land alteration which exists as of July 1, 1979, provided that a permit must be obtained for any modification which will have a greater adverse effect on the sand-sharing system or for any addition to or extension of such shoreline engineering activity, structure, or land alteration; provided, further, that, if any structure, shoreline engineering activity, or land alteration is more than 80 percent destroyed by wind, water, or erosion as determined by an appraisal of the fair market value by a real estate appraiser certified pursuant to Chapter 39A of Title 43, a permit is required for reconstruction.#

    2. (2)

      No permit shall be required for any activity conducted pursuant to a letter of permission. At least 15 days prior to the commencement of any activity authorized pursuant to a letter of permission, the department shall provide public notice describing such activity and the location thereof; provided, however, that public notice shall not be required for any such activity that is necessary for public safety or the delivery of public services.#

The notes below are printed with the section but are not enacted law (O.C.G.A. § 1-1-1(c)). They are shown apart from the text.

History

Code 1981, § 12-5-237, enacted by Ga. L. 1992, p. 1362, § 1; Ga. L. 2013, p. 874, § 3/HB 402.

Cross references

Certification of professional engineers, T. 43, C. 15.

Law reviews

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

Read the official page (the state's PDF, opened at the page this text was read from).

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

Text read from t12-(v10)-2021-pdf.pdf, Volume V10, 2021 edition, page 535; merge action: carried; file SHA-256 a1ca11f804f2.