---
title: O.C.G.A. § 12-5-237. Permit required; exceptions.
collection: code
id: 12-5-237
cite_as: O.C.G.A. § 12-5-237 (2025)
canonical_url: https://georgiacommons.org/code/12-5-237
md_url: https://georgiacommons.org/code/12-5-237.md
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source_url: https://www.legis.ga.gov/api/document/docs/default-source/joint-features-document-library/t12-(v10)-2021-pdf.pdf?sfvrsn=67595359_0#page=535
date: 2025
status: active
corpus_version: 2025-supplement-89aa39ab3c68
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publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
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version: the only printed version
in_force: true
current_through: Including Acts of the 2025 Regular Session of the General Assembly
heading_path: CONSERVATION AND NATURAL RESOURCES / WATER RESOURCES / COASTAL WATERS, BEACHES, AND SAND DUNES / SHORE PROTECTION
---

# O.C.G.A. § 12-5-237. Permit required; exceptions.

(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.

(b)(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) 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.

## 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).